Vous êtes sur la page 1sur 195

COCHIN PORT TRUST

COCHIN – 682 009


INDIA

THE CHIEF ENGINEER,


CHIEF ENGINEER’S OFFICE,
COCHIN PORT TRUST,
WILLINGDON ISLAND,
KOCHI-9,
KERALA,
INDIA.
Gram: PORT TRUST
Phone: 91-0484-2666414/2666871 Extn : 2400
Telex :0885-6203 PORT IN
Fax: 91 0484 2666414
Email: ce@cochinport.gov.in

Website: www.cochinport.gov.in

BID DOCUMENT FOR


CAPITAL DREDGING OF BASIN IN FRONT OF
INTERNATIONAL CONTAINER TRANSSHIPMENT
TERMINAL (ICTT) AT VALLARPADAM, COCHIN PORT
(Bid No.T14/T-1539/2011-C)
To,
___________________________
___________________________
___________________________.

Sub: CAPITAL DREDGING OF BASIN IN FRONT OF INTERNATIONAL


CONTAINER TRANSSHIPMENT TERMINAL (ICTT) AT VALLARPADAM,
COCHIN PORT (Bid No.T14/T-1539/2011-C)

Dear Sir,

1. You have applied for issue of bid document for the subject work.

2. The bid document is enclosed.

3 You are strongly advised to read the whole document carefully and submit your tender/
bid strictly meeting with the requirements spelt out in the bid document.

4 Please note that you must submit independent documentary evidence to establish that
"MINIMUM QUALIFICATION CRITERIA" as spelt out in the Tender Call Notice and
bid document are fully met, irrespective of the fact that you might have submitted similar
evidence to CoPT in respect of some other works.

5. Please note that if your submission is found deficient with reference to the requirements
spelt out in the bid document, it may be rejected.

6. Please note that you must read instruction to bidders and submit all relevant information
required strictly. Avoid submission of irrelevant papers and vague information. All the
required information shall be self explainable.

7. Please note that if you are furnishing experience certificate of works executed in private
agencies to qualify for the work, you should submit TDS Certificate along with work
order and completion certificate.

8. The bid for this work is invited on an urgent basis and there will not be any time for
seeking clarifications after submission of the bid. In view of the above, it is requested
that all the requisite information shall be furnished alongwith the bid and Port will in no
way be responsible for the rejection of the bid for want of clarity/ information.

Thanking you,
Yours faithfully,

Sd/-

CHIEF ENGINEER
COCHIN PORT TRUST

CAPITAL DREDGING OF BASIN IN FRONT OF INTERNATIONAL


CONTAINER TRANSSHIPMENT TERMINAL (ICTT) AT
VALLARPADAM, COCHIN PORT
------------------------------------------------

Issued to:
----------------------------------
-----------------------------------
-----------------------------------

CHIEF ENGINEER’S OFFICE


COCHIN PORT TRUST
COCHIN 682 009

Total pages of documents excluding cover page: 204


COCHIN PORT TRUST

CAPITAL DREDGING OF BASIN IN FRONT OF INTERNATIONAL


CONTAINER TRANSSHIPMENT TERMINAL (ICTT) AT
VALLARPADAM, COCHIN PORT
(Bid No.T14/T-1539/2011-C)

CONTENTS Page Nos.


Cover A : Technical & Commercial Bid

(I) Tender Call Notice 6-11

(II) Letter of Bid 12-13

(III) Instructions to Bidders 14-37

(IV) General Conditions of Contract 38-106

(V) Technical Specifications 107-109

(VI) Special Conditions of Contract 110-155

Cover B: Price Bid


(VII) Schedule of Quantities 156-157
Annexures & Tables 158-194
Appendix – I 195-199
Figures (3 Nos) 200-202
Drawings (3 Nos) 203-205

4
COCHIN PORT TRUST

BID FOR

CAPITAL DREDGING OF BASIN IN FRONT OF INTERNATIONAL


CONTAINER TRANSSHIPMENT TERMINAL (ICTT) AT
VALLARPADAM, COCHIN PORT

COVER-A

(TECHNICAL & COMMERCIAL BID)

COCHIN PORT TRUST


COCHIN – 682 009
INDIA
Gram: PORT TRUST
Phone: 91-0484-2666414 / 2666871 Extn : 2400
Telex : 0885-4003 PORT IN
Fax: 91 0484 2666414
Email : ce@cochinport.gov.in
Website: www.cochinport.gov.in

5
COCHIN PORT TRUST
CIVIL ENGINEERING DEPARTMENT
**********

I. GLOBAL TENDER CALL NOTICE (TCN)

Sealed bids in the prescribed proforma are invited on behalf of Board of Trustees of Cochin Port
Trust in single stage two cover system from experienced, resourceful and bonafide dredging firms with
proven technical and financial capabilities of executing dredging work, for the work mentioned below.
Name Cost of bid Esti Period of Earnest Period of Last date Date and time Pre-bid
of the document mat contract Money issue of and time of of opening of meeting
work. ed excluding Deposit submission bid (Technical
(non- bid
cost one month (EMD) of bid. & Commercial
refundable) documents
mobilisati- bid)
on period
Capital Dredging Of Basin In Front Of International Container Transshipment

4.0 Millions in DD/ Banker’s cheque encashable at Kochi


Terminal (ICTT) At Vallarpadam, Cochin Port

1200 hrs IST on 26/04/2011 (Technical Bid)


11/04/2011 to 1700 Hrs. on 25/04/2011
Rs.10,404/- including VAT @ 4%

1130 hrs IST on 26/04/2011


Rs. 400 Million

3 months

Nil

6
2. The work involves “CAPITAL DREDGING OF BASIN IN FRONT OF INTERNATIONAL
CONTAINER TRANSSHIPMENT TERMINAL (ICTT) AT VALLARPADAM, COCHIN PORT”
by deploying appropriate type of dredgers like Trailing Suction Hopper Dredger, Bucket Dredger,
Grab Dredger, Back Hoe Dredger or Cutter Suction Dredger, with arrangement for direct loading to
hopper/ barge and disposing of dredged material at designated dumping ground in outer sea at a
distance of about 20 km away from the dredging site.

3. Indicative quantity of dredging work involved is approximately 2.0 Million cum. The quantity
shown is only indicative and the bidders have to assess the exact work requirement through their
own means and sources and accordingly, costing shall be done for the work. It is made clear that the
above statement regarding indicative quantity to be dredged does not attract any liability on the Port
and the Port cannot be mulcted with any liability on the strength of the said statement.

4. The site for dredging is the basin in front of the International Container Transshipment Terminal
located at Vallarpadam by the northern side of existing navigational channels of Cochin Port.

5. The bidder should mobilize dredgers of suitable capacity capable of executing the capital dredging
work within the time schedule.

6. Intending bidder can collect bid papers from the office of the CHIEF ENGINEER, COCHIN PORT
TRUST on payment of a non refundable sum of Rs.10,404/- towards the cost of Bid document
including VAT @ 4%, through Demand Draft/ Banker’s Cheque from any Nationalised Bank/
Scheduled Bank in India drawn in favour of the Financial Advisor & Chief Accounts Officer (F.A &
CAO), Cochin Port Trust, payable at Kochi, on any working day between 1000 Hrs IST to 1700 Hrs
IST from 11/04/2011 to 25/04/2011.

7. Bid document is also available at the Cochin Port Trust website www.cochinport.gov.in and
www.tenders.gov.in from 11/04/2011. Interested contractors/firms may download the bid
documents from the website and submit their offer. To avoid any discrepancy between the
downloaded bid document and hard copy of the bid document duly filled in, bidders qualified for
opening of Price Bid shall have to sign the hard copy of the bid documents which would form part of
the Agreement. The downloaded bid document signed and submitted by the bidder shall only be
used for bid evaluation and shall be retained by Cochin Port Trust for future guidance/ reference.

7
8. Bidders submitting the bid after downloading from the website shall have to furnish the cost of the
bid documents through Banker’s Cheque/ Demand Draft from any Nationalized Bank/Scheduled
Bank in India drawn in favour of the Financial Advisor & Chief Accounts Officer, Cochin Port
Trust, payable at Kochi for the amount indicated in the TCN, and enclose the same in a separate
sealed cover superscribing “cost of the bid document” for the work of “CAPITAL DREDGING OF
BASIN IN FRONT OF INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL
(ICTT) AT VALLARPADAM, COCHIN PORT” Bid No.T14/T-1539/2011-C, failing which his/
their bid(s) shall be returned unopened.

9. Bidders should submit their offer in duplicate in two envelopes clearly superscribing the name of
work and the 1st envelope (Cover –A) should contain the Technical & Commercial bid document
duly completed and filled in except prices, Blank Proforma of Schedule of Quantities (Prices not to
be filled), experience certificate of similar work executed, works in hand, annual turnover,
equipments available, history of litigation, if any and all details sought below along with any
additional information to be furnished by the bidder. The EMD in a separate envelope should be
attached with the 1st Envelope (Technical & Commercial Bid) (Cover –A). Bid not accompanied by
required EMD shall be liable for rejection. Previous dues / deposits with Cochin Port Trust shall not
be counted / adjusted towards EMD. The 2nd envelope (Cover- B) should contain the Schedule of
Quantities (Price Bid) duly filled in.

10. It is a specific requirement for considering the bid that the Bidders should sign and submit an
“Integrity Pact” to be executed between the bidder and Cochin Port Trust along with the bid in a
separate envelope superscribed “Integrity Pact” in Cover - A. Bids not accompanied by a duly signed
“Integrity Pact” shall be liable for rejection. Integrity Pact shall be in force and shall cover the bid
processing also.

11. Minimum Qualification Criteria

11.1 Financial Turn over:

Average annual financial turn over during the last three years ending 31st March 2010 shall be at
least Rs. 120 Million.

8
11.2 Experience:

Experience of having successfully completed similar works during last 7 years ending
31st March 2011 should be either of the following:

(i) Three similar works, EACH work either costing not less than Rs. 120 Million or involving in
situ dredging quantity of not less than 0.6 Million cum.

OR

(ii) Two similar works, EACH work either costing not less than Rs. 160 Million or involving in
situ dredging quantity of not less than 0.8 Million cum.

OR

(iii) One similar work either costing not less than Rs. 240 Million or involving in situ dredging
quantity of not less than 1.20 Million cum.

Explanatory Notes:

a) Similar works means dredging and disposal of dredged spoil.

b) In cases where actual execution period of the work(s) considered against experience exceeds
one year, cost/quantity of such work(s) shall be arrived at for a period of one year on prorata
basis and the same shall only be reckoned against the requirement specified under the
experience criteria.

c) Completed portion of ongoing work till 31st March 2011 for which payments have been
already made will be considered against experience on submission of certificate of satisfactory
completion of the portion of work from the Owner of the work. In case the actual execution
period of the completed portion of work(s) exceeds one year, cost/quantity of such portion of
completed work(s) shall be arrived at for a period of one year on prorata basis and the same
shall only be reckoned against the requirement specified under the experience criteria.

d) If the bidder is a subsidiary company and if they want to rely, (a) on the financial turnover
and/or (b) on the experience of its holding company or another subsidiary of the holding
company, (a) the financial turnover and/or (b) the experience of such holding
company/subsidiary company will be taken into account for the purpose of this bid, provided
the bidder enter into a legally binding unconditional agreement with the holding

9
company/subsidiary company, committing/undertaking the holding /subsidiary company liable
and responsible for the performance of the contract in all respects and the same shall be
furnished along with the bid. Further, such holding company/subsidiary company shall give a
guarantee, jointly or severally, to the Board of Trustees of the Cochin Port Trust making them
liable for, undertaking, the performance of the contract in all respects and the same shall be
submitted along with the bid.

e) In case of bid submitted by JV/Consortium, the Minimum Qualification Criteria EXCEPT


Financial Turnover can be fulfilled collectively by the partners of the JV/Consortium. In the
case of Financial Turnover, average annual turnover of only those partners who have
completed at least one similar work either costing not less than Rs. 120 Million or involving in
situ dredging quantity of not less than 0.60 Million cu.m during last 7 years ending
st
31 March 2011, shall be aggregated. In cases where actual execution period of the work
considered above exceeds one year, cost/quantity of such work shall be arrived at for a period
of one year on prorata basis and the same shall be reckoned for the above purpose. Ongoing
works complying with the requirements under para (c) above shall also be considered for the
above purpose.

f) Chartering / wet leasing of dredger does not constitute as work experience for the owner of the
dredger.

g) For conversion of foreign currency to Indian rupee the rate prevailing as on due date of
submission of bid will be considered.

12. The interested firms shall submit their offer addressed to the Chief Engineer, Cochin Port Trust on or
before 1130 Hrs IST on 26/04/2011 and these will be opened on the same day at 1200 Hrs IST.

13. Bidders are advised to submit their Price Bids strictly based upon the lay out, technical
specifications, terms and conditions contained in the bid document after going through the prevailing
conditions at site.

14. In compliance to Government guidelines, Indian Dredging Company owning Indian Flag dredgers
shall have the first right of refusal if their rate is within 10 % of the lowest technically qualified
offer. The Indian company selected on the above basis shall match the price with the lowest offer.

10
15. Bids received after the stipulated last date and time for receipt of bids, due to any reasons will not be
considered.

16. Cochin Port Trust reserves the right to reject any or all the bids without assigning any reason thereof.

17. Integrity Pact (IP) shall cover this tender throughout its various phases, and IP would be deemed as a
part of the contact though an appropriate provision. The bidders should sign and submit an
“Integrity Pact” to be executed between the bidder and Cochin Port Trust along with the bid in a
separate envelope (Cover ‘A1’) superscribed “Integrity Pact” in Cover-A. Bids not accompanied by
a duly signed “Integrity Pact” shall be liable for rejection. For full details of the scheme of IP, you
may visit the website of Central Vigilance Commission, New Delhi.

CHIEF ENGINEER
COCHIN PORT TRUST

11
II. LETTER OF BID
To

The Board of Trustees of the Cochin Port Trust,

Through

The Chief Engineer.

I/We hereby bid for the execution for the Board, of the work specified in the underwritten
memorandum within the time specified in the schedule attached hereto and in accordance in all respects
with the specifications, designs, drawings and instructions in and with such materials as are provided for,
by and in all other respects in accordance with such conditions so far as applicable.

MEMORANDUM

a) General description : “CAPITAL DREDGING OF BASIN IN FRONT OF


INTERNATIONAL CONTAINER TRANSSHIPMENT
TERMINAL (ICTT) AT VALLARPADAM, COCHIN PORT”

b) Estimated cost : Rs 400 million

c) Tendered cost :

d) Earnest Money Deposit : Rs 4.0 million in DD/ Banker’s cheque encashable at Kochi

e) Security Deposit : 10% of the Contract Price

f) Performance Security : 10% of the Accepted Contract Amount

g ) Contract Period : 3 months specified in Clause 2.2.1 of Special Conditions of


Contract

12
h) Schedule : 1 sheet attached

Should this bid be accepted, I/We hereby agree to abide by and fulfill all the terms and provisions
of the said conditions of contract annexed hereto or in default thereof forfeit and pay to the Board the sum
of money mentioned in the said conditions. I/We further agree to execute an agreement with the Board in
the prescribed form or in default thereof to forfeit the earnest money deposited by me/us.

The sum of Rs 4.0 Millions in DD/ Banker’s cheque, as required is enclosed in cover ‘A2’ as
earnest money, the full value of which is to be absolutely forfeited to the Board in office should I/We
withdraw the offer or revise or go back upon the terms of the bid; or fail to commence the work specified
in the memorandum or should I/We not furnish the Performance Security specified in the above
memorandum, otherwise the said sum of Rs 4.0million in DD/ Banker’s cheque shall be retained by the
Board on account of and towards such security deposit as aforesaid.

Dated the day of 2011 .

Signature of Bidder
Address

Witness

Address

Occupation

The above bid is hereby accepted by me on behalf of the Board

Dated the day of 2011.

CHIEF ENGINEER
COCHIN PORT TRUST

13
III. INSTRUCTIONS TO BIDDERS

Clause Description Page

1.0 INTRODUCTION 15

2.0 BID REQUIREMENTS 16

3.0 INSTRUCTION FOR FILLING BIDS 20

4.0 PRICING OF BID 24

5.0 INFORMATION REQUIRED IN THE BID 26

6.0 EVALUATIONS AND COMPARISON OF BID 31

7.0 BID OPENING 35

8.0 LETTER OF ACCEPTANCE 36

9.0 SIGNING OF THE CONTRACT 36

10.0 RELEASE OF EMD 37

14
III. INSTRUCTIONS TO BIDDERS

1.0 INTRODUCTION

1.1 General

Cochin Port is one of the 13 major ports in India. It is an all weather port located in the State of
Kerala on the west coast of India (9o 58’ N, 76o 16’ E) within the Cochin lagoon, which has
natural protection from the sea by the headlands of Fort Cochin and Vypeen. The entrance to the
Port is through the sea outlet between the peninsular headland of Vypeen and Fort Cochin,
popularly known as the ‘Cochin Gut’.

The present Approach Channel comprises an Outer Channel and two Inner Channels; the
Ernakulam Channel and Mattancherry Channel.

Outer channel starting from No.10 buoy (0.00 chainage) and towards sea upto (-) 17.40m contour
(about 13.0 km long), maintained for a varying width of 286/260m and depth of (-)15.95/16.70 /
17.40m from the Harbour entrance towards channel mouth. The portion of Ernakulam channel
starting from No.10 buoy (0.00 chainage) and leading and reaching upto the eastern end of basin
infront of the International Container Transshipment Terminal is maintained for a depth of
(-) 15.95m.

On the northern side of Ernakulam Channel, adjacent to the entrance, in the Port area at
Vallarpadam Island, the International Container Transshipment Terminal (ICTT) has been
constructed through a Build, Operate & Transfer (BOT) Licence Agreement entered into with
India Gateway Terminal Private Ltd., a subsidiary of Dubai Ports World, by the Cochin Port
Trust. As per the terms of this agreement, Cochin Port Trust is obliged to provide depth of
(-) 15.95m in the basin in front of terminal as required for a 14.5m draft container vessel.

Beyond the portion mentioned above, Ernakulam Channel upto southern end of Cochin Oil
Terminal (COT) and Rajiv Gandhi Container Terminal (RGCT) is maintained for a depth of
(-) 13.20m. The width of the channel varies from 200m to 500m and the portion of Ernakulam
channel in front of Q5 to Q7 berths is maintained for a depth of (-)11.00 m.

15
The portion of Ernakulam channel in front of Fertilizer Berth and in front of North Tanker Berth
(NTB) and South Tanker Berth (STB), is maintained for a depth of (-) 11m and (-) 9.75 m
respectively.

Mattancherry channel taking off from the southern side of Ernakulam channel and reaching upto
the southern end of Boat Train Pier (BTP), is maintained for a depth of (-) 10.75 m.

Balance portion of Mattancherry channel beyond the southern end of BTP and reaching upto the
interface line of Q2 / Q1 berth of Mattancherry Wharf, is maintained for a depth of (-) 9.75 m.

It is expected that maximum siltation takes place during the south-west monsoon (June to
September).

1.2 Scope of Work

The scope of work involves “CAPITAL DREDGING OF BASIN IN FRONT OF


INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL (ICTT) AT
VALLARPADAM, COCHIN PORT ” by deploying appropriate type of dredgers like Trailing
Suction Hopper Dredger, Bucket Dredger, Grab Dredger, Back Hoe Dredger or Cutter Suction
Dredger, with arrangement for direct loading to hopper/ barge and disposing of dredged material
at designated dumping ground in outer sea at a distance of about 20 km away from the dredging
site.

2.0 BID REQUIREMENTS

2.1 General

Bids in prescribed form in sealed covers (Two cover system) for the work of “CAPITAL
DREDGING OF BASIN IN FRONT OF INTERNATIONAL CONTAINER
TRANSSHIPMENT TERMINAL (ICTT) AT VALLARPADAM, COCHIN PORT” will be
received by the Chief Engineer upto 1130 Hrs Indian Standard Time on 26/04/2011

2.2 The Bid Document issued to the Bidder is non-transferable.

2.3 Bid Documents shall remain the property of the EMPLOYER.

16
2.4 EMPLOYER will not be responsible for any costs or expenses incurred by the bidder in
connection with the preparation and delivery of his bid or for any other expenses incurred in
connection with such bidding.

2.5 The work to be executed as described in the Bid document and in particular in the technical
specifications, Special Conditions, Schedule of Quantities and drawings and in general includes,
but is not limited to supplying all dredgers, crafts, all materials including consumables and
equipment necessary to conduct surveys, dredging and disposal of spoil at specified places as
described in the Bid Document.

2.6 Quantities, drawings and specifications given in the Bid Document are for the sole purpose of
indicating to bidders the order of magnitude of work and are not in any way guaranteed to remain
unchanged. Time is the essence of contract and the works shall be completed in all respects
within the specified periods from the date of Commencement of the Contract.

2.7 Before submitting the bid, the bidder shall examine carefully all conditions of contract,
specifications, drawings etc. supplied herewith. The bidder is advised to inspect the site of work
before bidding and acquaint himself with the conditions prevailing at site and it is his
responsibility to take into consideration all relevant points before quoting, including any
additional investigations for determining the nature of soil strata including unidentified objects in
the dredging areas. He shall not hold the EMPLOYER responsible for any detail that might have
been omitted in the bid schedule which may affect the pricing of the contract. This bid shall be
deemed to be submitted by the bidder relying on his own judgment, skill and expertise in all
matters connected with the bid and submission thereof. Bidder can conduct hydrographic survey
at their own cost with prior permission of the Employer, if required. It is specifically made clear
that none of the statements by the EMPLOYER shall be deemed to have induced the bidder to
enter into the contract. Failure to visit the site will in no way relieve the successful bidder of any
of the obligations in performing the work in accordance with this Bid Document including
addendum/corrigendum, within the quoted price.

2.8 The bidders who need clarifications on any specific issue shall inform the EMPLOYER in writing
latest by before 18-04-2011 at the address given in the clause 2.10. No queries/clarifications on
bid document shall be entertained after this date. The replies/ clarifications/decisions shall be
hosted at the Cochin Port Trust website www.cochinport.gov.in and www.tenders.gov.in.

17
2.9 At any time prior to the due date for submission of the bid, the Chief Engineer may modify the
bid documents by the issuance of the addendum/corrigendum. The addendum/corrigendum, if
any, shall be hosted in the website of the Cochin Port only. It is the responsibility of the Bidder
who purchased/downloaded the bid document to download such
addendum/corrigendum/clarifications hosted in the website and submit alongwith the Bid.

2.10 If the bidders find discrepancies in or omission from the drawings, specifications, or other
documents, or have any doubt as to the meaning or intent of any part thereof, they shall at once
inform the EMPLOYER who may send a written instruction or explanation to all bidders. No oral
interpretations shall be made by any bidder as to the meaning of any of the provisions of the bid
documents. Every request for an interpretation shall be in writing addressed and forwarded to the
EMPLOYER at the following address not later than 18-04-2011:

THE CHIEF ENGINEER,


CHIEF ENGINEER’S OFFICE,
COCHIN PORT TRUST,
WILLINGDON ISLAND,
KOCHI-9,
KERALA, INDIA.
Ph:- 91-0484-2666414/2666871.
Fax:-91-0484-2666414.
Email: ce@cochinport.gov.in / coptce@satyam.net.in

2.11 A bidder shall be deemed to have full knowledge of all documents, site conditions etc. whether he
has inspected them or not. The submission of a bid by bidder implies that he has read the notice
and conditions of contract and has made himself aware of the scopes and specifications and other
factors bearing on the bid and that they are binding on him.

2.12 The successful bidder shall make his own arrangements for obtaining all necessary licences,
permits etc. that may be required for the import of dredgers, their ancillary equipments and spares
and other plants and equipments for the commencement of work and also during progress
of work. The EMPLOYER shall give only assistance for the same with no obligation therefore.
Obtaining necessary licences and permits shall be the responsibility of the successful bidder.
Successful bidder shall not be entitled to raise any claim on the EMPLOYER on the ground that
the EMPLOYER did not accord the recommendatory assistance.

18
2.13 The agreement as finally executed will include the Employer’s Bid Documents and the Bidder’s
offer as finally accepted by the EMPLOYER together with addendum/corrigendum, bid
clarification and all correspondences exchanged between EMPLOYER and the bidder, if any.
Till the formal agreement is executed, the Work Order together with the offer as finally accepted
alongwith correspondences shall form a binding contract between the two parties.

2.14 The bidders may please note that the EMPLOYER will not entertain any correspondence or query
on the status of the offers received against this Bid. Bidders are also requested not to depute any
of their personnel or agents to visit the Employer’s offices for making such enquiries till
finalisation of the bid. Should the EMPLOYER find it necessary to seek any clarification,
technical or otherwise the concerned bidder will be duly contacted by the EMPLOYER.

2.15 Canvassing in any form by the bidder or by any other agency acting on behalf of the bidder after
submission of the bid may disqualify the said bidder. The Employer’s decision in this regard shall
be final and binding on the bidder.

2.16 The right of acceptance of a bid will rest with EMPLOYER who does not bind themselves to
accept the lowest bid and also reserves the right to reject any or all of the bids received without
assigning any reason.

2.17 The successful bidder shall furnish the required Performance Security through an irrevocable
Bank Guarantee, enforceable and encashable at Kochi, drawn from any Nationalised Bank /
Scheduled Bank in India which has net worth not less than Rs.100 Crores and which is acceptable
to the EMPLOYER, as per the Proforma enclosed at Annexure- 1 to the bid document, within
Twenty eight days of Letter of Acceptance. In case of the bidder who have received the Letter of
Intent, Performance Security shall be furnished within 21 days after the bidder receives the Letter
of Acceptance.

2.18 EMPLOYER will not be liable for any financial obligation in connection with the work until such
time the EMPLOYER has communicated to the successful bidder in writing his decision to
entrust the Work (covered by the bid document issued to him).

2.19 Telex/Telegraphic offers will not be considered. Bidders should prepare their bid themselves.
Bids submitted by agents will not be recognized.

19
2.20 Bids received after the due date and time and any change in quotation after the specified date will
be rejected. EMPLOYER will not be responsible for the loss of the bid document or for the delay
in postal transit.

2.21 In case of an unscheduled holiday on the prescribed closing/opening day of the bid, the next
working day will be treated as the scheduled prescribed day of closing/opening of the bid.

2.22 Bidders to note that the bids shall first be evaluated for Minimum Qualification Criteria given in
the Tender Call Notice (TCN). Bidders not meeting the Minimum Qualification Criteria do not
qualify for opening their Price Bid.

2.23 While evaluating the document, regard would be paid to National defence and security
considerations, at the discretion of the Cochin Port Trust. Bid received from any bidder may be
summarily rejected on National security consideration without any intimation thereof to the
bidder.

3.0 INSTRUCTIONS FOR FILLING BIDS.

3.1 The bids can only be submitted in the name of the bidder in whose name the bid documents were
issued by the EMPLOYER or who have purchased/downloaded the bids.

3.2 (i) If the bid is made by an individual, it shall be signed by his full name in each page of
the bid document with official stamp as a token of his acceptance of the conditions stated
therein and his address shall be given.

(ii) In the case of bid being submitted by a registered partnership firm, it shall be signed
individually by each partner thereof in each page of the bid documents with official stamp
as a token of acceptance of the conditions stated therein. In the event of absence of any
partner, it must be signed on his behalf by a person holding a proper Power-of-Attorney
authorising him to do so and to bind the partner in all matters pertaining to the contract.
Such Power-of-Attorney as per the proforma given in Annexure - 2, is to be attached with
the bid which must disclose that the firm is duly registered under Indian Partnership Act.
Certified copy of the registered partnership deed of the firm shall be enclosed with the bid.

20
(iii) If the bid is made by a Limited company, it shall be signed in each page of the bid
documents with official stamp as a token of acceptance of the conditions stated therein by
a duly authorized person who shall produce with the bid satisfactory evidence of the
authorisation as per the proforma given in Annexure – 2. The Memorandum and Articles
of Association of the Company shall also be enclosed with the bid.

(iv) In case the bid is made by a joint venture company, consortium of companies or other
unincorporated grouping of two or more persons/ companies, a legally binding Joint
Venture/ Consortium Agreement signed by all partners of the JV/Consortium certified by
a notary public as per the proforma at Annexure – 3 may be attached. The bidder shall
have to sign in each page of the bid documents with official stamp as a token of his
acceptance of the conditions stated therein.

3.3 Bid submitted by an unincorporated Joint Venture of companies (JV)/Consortium of companies


(Consortium), shall comply with the following requirements:

a) One of the partners of JV/Consortium should have purchased/downloaded the bid


documents.

b) Participation by a firm in more than one JV /Consortium is not permissible. A firm who
submits bid on individual capacity is not eligible to be a partner of a JV /Consortium. In
case a firm’s name appears in more than one bid then both applications may be rejected.

c) Each partner must submit the complete documentation, or portions applicable thereto,
required to qualify the firm for bidding.

d) All the partners of the JV/Consortium shall be jointly and severally liable during the
bidding process and for the execution of the work in accordance with the Contract terms.

e) In the case of successful bidder, the Contract Agreement shall be signed and / or executed
in such a manner as may be required for making it legally binding on all partners. The
Contract shall be signed by legally authorised signatories of all partners.

f) All the partners of the JV/Consortium shall be jointly and severally liable for due
performance, recourse/sanctions within the joint venture in the event of default of any
partner and arrangements for providing the required indemnities.

21
g) Notwithstanding demarcation or allotment of work among the partners, each partner shall
be liable for non performance of the whole contract irrespective of their demarcation or
share of work.

h) One of the partners of the JV/Consortium who have completed at least one similar work
either costing not less than Rs.120 Million or involving in situ dredging quantity of not
less than 0.60 Million cu.m. shall be nominated as Lead Partner of the JV/ Consortium
and shall be in charge during the bidding periods and in the event of a successful bid,
during contract execution.

i) The Lead Partner shall be authorized to act on behalf of the JV/Consortium.

j) All the correspondences between the Employer and the contractor shall be routed through
the Lead Partner.

k) The Lead Partner shall be authorized to incur liabilities and to receive instructions for and
on behalf of any and all partners of the JV /Consortium and to carry out the entire
execution of the contract including payment, exclusively through the Lead Partner.

l) The Lead Partner will provide suitable experienced personnel at site for the purpose of
general planning, site management and equipment operations, during the whole period of
contract execution.

m) In the event of default by the Lead Partner, it shall be construed as default of the
bidder/Contractor; and Employer will take action under relevant clause(s) of the
Department Bid Document and/or Conditions of Contract.

n) A legally binding Joint Venture/Consortium Agreement signed by authorised signatories


of all the partners of the JV/Consortium, as per the proforma at Annexure - 3 shall be
enclosed with the bid.

o) In case, the Joint Venture/Consortium agreement enclosed with the bid is not acceptable
to the Employer, the JV /Consortium will modify the agreement so as to be acceptable to
the Employer.

p) Power of attorney duly executed and signed by legally authorized signatories of all the
partners, authorizing the Lead Partner (i) to submit bid, negotiate and conclude contract
and incur all liabilities therewith on behalf of the partner(s) of the JV /Consortium during
the bidding process; and (ii) in the event of a successful bid, to incur liabilities and receive
instructions for and on behalf of the partner(s) of the JV /Consortium and to carry out the
entire execution of the contract including payment, exclusively through Lead Partner, as

22
per the proforma at Annexure - 4, which shall be duly authenticated by a notary public or
equivalent certifying authority, shall be enclosed with the bid.

q) An undertaking that all the partners are jointly and severally liable to the Employer for the
performance of the contract shall be enclosed with the bid.

3.4. The bid and any annotation or accompanying documentation shall be in English language only
and in metric system.

3.5. Bidders shall sign their bid with the exact name of the firm/ Consortium / JV/ Partnership firm to
whom the bid document has been issued.

3.6. Bidders shall clearly indicate their legal constitution and the person signing the bid shall state his
capacity and also the source of his ability to bind the bidder. The power of attorney or
authorisation or any other document constituting adequate proof of the ability of the signatory to
bind the bidder shall be annexed to the bid. The EMPLOYER may reject outright any bid
unsupported by adequate proof of the signatory's authority.

3.7. The bid documents shall be completed in all respects including addendum/corrigendum and shall
be submitted together with requisite information and appendices IN DUPLICATE ( ONE
ORIGINAL AND ONE COPY). They shall be complete and free from ambiguity, change or
inter-lineation.

3.8. If the space in the bid form or in the Appendices thereto is insufficient, additional pages shall be
separately added. These pages shall be consecutively page numbered and shall also be signed by
the Bidder.

3.9. Bidders should indicate at the time of quoting against this bid their full postal and
telegraphic/telex /fax/e-mail addresses.

3.10. The bid should be written legibly and free from erasures and over-writings or conversions of
figures. Correction where unavoidable should be duly attested by signature(s) of the bidder(s)
with dates. Specific unit rate should be quoted for the item in the schedule.

3.11. Bidder shall set their quotations in firm figures and without qualification. Each figure stated shall
also be repeated in words and in the event of a discrepancy between the rate stated in figures and
words, the rate quoted in words shall be deemed to be the correct rate. Bids containing qualifying
expressions such as "subject to minimum acceptance "or" subject to availability of
dredgers" etc. are liable to be rejected.

23
3.12. Each bid should be accompanied by an Earnest Money Deposit (EMD) amounting to
Rs. 4.00 million in DD/ Banker’s cheque drawn in favour of the Financial Adviser & Chief
Accounts Officer, Cochin Port Trust from any Nationalised Bank / Scheduled Bank in India.
EMD shall be enclosed in the Cover - A2.

3.13. EMD shall specifically bind the Bidder to keep his offer valid for acceptance up to 60 days and to
abide by all the conditions of the Employer’s Bid Document in the event of the EMPLOYER
desiring to award the work against the said bid to the said Bidder. The EMPLOYER shall have an
unqualified option under the said EMD to claim the amount there under in the event of the Bidder
failing to keep the bid valid up to the date specified or refusing to accept work and carry it out in
accordance with the bid if the employer decides to award the Work to the Bidder. The EMD
shall be retained with the Cochin Port Trust till finalisation of bids. EMD will not carry any
interest.

3.14. Format of request for release of EMD and Hand Receipt form are enclosed as Annexure-5 and
Annexure –6 to the bid document. In case the bidder so desires, the request in duplicate as per
the format enclosing the Hand Receipt duly stamped and signed, may be furnished in a separate
cover and shall be put along with in the cover ‘A2’ for enabling the department for releasing
EMD without time lapse.

3.15. In case the bidder has downloaded the bid document from the web, the cost of bid document shall
also be enclosed as separate Demand Draft/Banker’s Cheque from any Nationalised Bank /
Scheduled Bank in India, drawn in favour of the Financial Adviser & Chief Accounts Officer of
Cochin Port Trust in a separate cover superscribed by the words: Cost of Bid document for the
work of “CAPITAL DREDGING OF BASIN IN FRONT OF INTERNATIONAL CONTAINER
TRANSSHIPMENT TERMINAL (ICTT) AT VALLARPADAM, COCHIN PORT”,
Bid No.T14/T-1539/2011-C” in cover A2.

4.0 PRICING OF BID

4.1 General

The Bid shall be on Item Rate basis. The unit rate shall include planning, mobilisation and
demobilisation of suitable type of dredger(s) of adequate capacity and other required crafts
including all labour charges, items/cost of materials, labour, tools, fabrication, transportation,
insurance, taxes, duties, octroi etc. as applicable at the time of bidding, consumables, overhead,
profit etc. necessary for execution of dredging as described in the Bid Document.

24
Any increase or decrease in any such taxes/duties after the date of bid shall be debited or credited
to the EMPLOYER upon satisfactory proof of payment thereof or decrease thereon.

The quoted unit rate shall apply equally to executing the work in difficult or easy situations and
no claims shall be made, entertained or considered.

4.2 Currencies of Bid

The Bidder shall indicate the prices in Indian Rupees. The Bidder shall not quote in any currency
other than Indian Rupees.

4.3 Validity of Bid

The bid shall be valid for acceptance for a minimum period of sixty (60) days from the date of
opening of Cover-A (Technical & Commercial Bid).

4.4 Duties and Taxes

Indian Custom Duties, if any, levied upon the work, dredger, equipments etc. are to be borne by
the bidders and to be incorporated in the unit rate quoted and this will not be separately paid for.
The successful bidder shall bear all Taxes both corporate and personnel, including but not limited
to taxes on income levied on the Contractor or on their affiliated companies on account of
payments received by them from the EMPLOYER for the works done under the Contract.

The rate to be quoted shall not include the Service Tax. The Service Tax applicable as per the law
can be billed on the Port Trust, which will be paid to the Contractor by the Employer along with
the bills. The Contractor in turn shall remit the Service Tax to the concerned department as
provided by law, within a period of not later than 30 days.

When the value of the contract for work or for supply of labour exceeds Rs.10,000/-, income tax
at the rate of 2% plus surcharge at the prevailing rate or the rates as certified by the income tax
authorities (certificate to be produced by the successful bidder), of the gross amount of the bill
will be deducted while making payment of the amount of the Contractor’s bill or when crediting
the amount to his account. Any stipulation by a bidder that income tax deductible from these bills

25
should be borne by the Port Trust will result in summary rejection of the bid. Income tax leviable
for foreign Contractor and the foreign employees shall be borne by the firm.

As on date no VAT/Works Contract Taxes are applicable for the dredging work. In case VAT /
Works Contract Tax is made applicable after the due date of submission of Bid it will be paid
extra.

It shall be the responsibility of the Contractor to submit to the concerned Indian Statutory
Authorities the returns and all connected documents required for this purpose. The Contractor
shall also provide the EMPLOYER such information as they may require in regard to the
Contractor's income and expenditure for this purpose.

5.0 INFORMATION REQUIRED IN THE BID

The bid for the work will be based on two cover system (Covers ‘A’ & ‘B’) as mentioned below.

5.1 Cover-A (Technical & Commercial Bid)

5.1.1 Cover-‘A’- Technical & Commercial Bid - shall consist of three separate Covers, ‘A1’, ‘A2’ &
‘A3’.

5.1.2 Cover ‘A1’ shall contain


(i) a duly signed “Integrity Pact” to be executed between the Bidder and Cochin Port Trust
as per the proforma at Annexure – 7
(ii) an under taking that the bidder has not made any payment or illegal gratification to any
person/authority connected with the bid process so as to influence the bid process and has
not committed any offence under PC Act in connection with the bid, as per the proforma
at Annexure – 13
(iii) a statement disclosing payment made/proposed to be made to the intermediaries in
connection with the bid, as per the proforma at Annexure – 14
(iv) undertaking that no changes have been made in the tender document, as per proforma at
Annexure 15.

5.1.3 Cover ‘A2’ shall consist of EMD as described in clause 3.12 above and cost of bid Document as
mentioned in the TCN.

26
5.1.4 Cover ‘A3’ shall consist of the following.

(i) A covering letter from the bidder.


(ii) A list of all documents accompanying the bid.
(iii) a. In case the bidder is a Partnership firm,

1) Certified copy of registered partnership deed

2) Duly executed Power of Attorney, in the name of bidder’s authorised


representative to act on behalf of the bidder, duly authenticated by a
notary public or equivalent certifying authority as per the proforma at
Annexure - 2;

b. In case the bidder is a limited company,

1) Registration certificate of the company and Memorandum and Articles of


Association of the company;

2) Duly executed Power of Attorney, in the name of bidder’s authorised


representative to act on behalf of the bidder, duly authenticated by a
notary public or equivalent certifying authority as per the proforma at
Annexure – 2

c. In case the bidder is a JV/Consortium

1) A legally binding JV/Consortium Agreement signed by authorized


signatories of all the partners of the JV/Consortium, as per proforma at
Annexure-3;

2)Duly executed Power of Attorney, authorizing the representatives of all


the partners of the JV/Consortium for signing the JV/Consortium
Agreement, on behalf of the JV/Consortium partners, duly authenticated
by a notary public or equivalent certifying authority as per proforma at
Annexure-8 ;

27
3) Power of attorney duly executed and signed by legally authorized
signatories of all the partners, authorizing the Lead Partner (a) to submit
bid, negotiate and conclude contract and incur all liabilities therewith on
behalf of the partner(s) of the JV /Consortium during the bidding process;
and (b) in the event of a successful bid, to incur liabilities and receive
instructions for and on behalf of the partner(s) of the JV /Consortium and
to carry out the entire execution of the contract including payment,
exclusively through Lead Partner, as per the proforma at Annexure - 4,
which shall be duly authenticated by a notary public or equivalent
certifying authority.

4) An undertaking that the partners of the JV/Consortium are jointly and


severally liable to the Employer for the performance of the contract as per
proforma at Annexure -9.

(iv) Details of dredgers

(a) Details of type of Dredger(s) proposed to be deployed for the work such as its type,
number, daily dredging and disposal capacity of each dredger in Cu.m of
in–situ and other salient features as per Table No.1A.

(b) The possession of the dredger(s) proposed for deployment shall be by absolute
ownership/disponent ownership/ time charter or bareboat charter for the duration of
the proposed deployment.

(c) In the case of chartering the dredger, either an “Irrevocable Letter of Authority”
from the owner of the dredger to the effect that the dredger so chartered shall not be
withdrawn till the expiry of the contract period, or confirmed Chartering
Agreement for the duration of the proposed deployment shall be produced by the
bidder along with the bid.

(d) In case, the bidder whose bid is acceptable and has furnished only “Irrevocable
Letter of Authority” as mentioned in sub-clause (c) above, a “Letter of Intent
(LOI)” shall be issued in favour of the bidder and the bidder shall furnish a
confirmed chartering agreement (s) of the dredger(s) proposed for deployment

28
within Seven days of date of issue of LOI. In that case formal Letter of Acceptance
(LOA) will be issued only thereafter.

(v) Detailed list of floating crafts and other equipment etc. which the bidder intends to
utilize for this work including survey as per Table No.1B.

(vi) Details of survey launch and Motor Boat as per Table No. IC

(vii) Undertaking that cover ‘B’ do not contain any conditions.

(viii) Original / Notary certified copy of (a) the Letter of Acceptance (LOA); and (b)
Completion Certificate specifying the completion cost, quantity, type of dredger(s)
deployed, date of commencement and date of completion etc. of similar works, issued
by the Owner of the respective work and other details, as per Table No.2.

Explanatory Notes:

In case the bidder wants to rely on the experience of holding companies or its
other subsidiaries for meeting the requirement of pre-qualification, the
experience certificate as described above in respect of the holding companies or
its other subsidiaries, relied upon along with (a) the legally binding unconditional
agreement; and (b) guarantee to the Employer for the performance of the contract
in all respects from the Parent Company as per the Proforma at Annexure - 10.

(ix) Works in hand/present commitments as per Table No- 3.

(x) Personnel capabilities as per Table No- 4 and Table No- 4 (A).

(xi) Financial details as per Table No- 5.

Explanatory Notes:

In case the bidder wants to rely on the financial turnover of holding companies or its
other subsidiaries for meeting the requirement of pre-qualification, the financial details as
per Table No- 5 excluding item III, in respect of the holding companies or its other
subsidiaries, relied upon along with (a) the legally binding unconditional agreement; and

29
(b) guarantee to the Employer for the performance of the contract in all respects from the
Parent Company as per the Proforma at Annexure - 10.

(xii) The Departmental Bid Document including the Letter of Bid issued to the bidder except
the filled in Price Bid, duly signed and sealed. The Schedule of Quantities contained in
the bid document in cover ‘A3’ shall be left as such without filling in the rates.

(xiii) Notary or equivalent certifying authority’s certified copy of the Certificate of Registry
and latest valid certificate of class of the dredger(s) proposed for the work.

(xiv) In case of Indian owner (Individual, Partnership or Company) proposing to convert his
foreign flag vessel to Indian flag vessel before commencement of the work to claim right
of first refusal, an undertaking to this effect.

(xv) A note on the proposed methodology for execution of the work i.e. planning, dredging
and disposal of spoil and progress of the work etc., so as to achieve the depth specified
elsewhere in the contract.

(xvi) An overall project schedule with detailed dredger deployment indicating total dredger
months planned for each dredger.

(xvii) In case of foreign firms, the statement be given to the fact that they have no claims
pending against them from any State Authority in India with respect to Income Tax,
Customs Duty, Sales Tax or any other dues.

(xviii) Details of litigations, if any, with the clients.

(xix) Any other information required in terms of this Bid Documents.

5.1.5 Covers ‘A1’, ‘A2’ and ‘A3’ shall be put in a separate cover marked ‘A’ and sealed and
superscribed with, Technical & Commercial Bid “CAPITAL DREDGING OF BASIN IN
FRONT OF INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL (ICTT) AT
VALLARPADAM, COCHIN PORT”

30
5.2 Cover- B - (Price Bid)

Cover ‘B’ - Price Bid –- shall contain the rate quoted for the item in the “Schedule of
Quantities” attached separately along with the bid documents and should be submitted in a
separate sealed cover superscribed with Price Bid, “CAPITAL DREDGING OF BASIN IN
FRONT OF INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL (ICTT) AT
VALLARPADAM, COCHIN PORT”. This cover ‘B’ shall not contain anything other than
the said Schedule of Quantities.

5.3 Bid in sealed cover

The cover ‘A’ and ‘B’ shall then be put together in another cover, which shall be sealed and
superscribed with words “Bid for “CAPITAL DREDGING OF BASIN IN FRONT OF
INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL (ICTT) AT
VALLARPADAM, COCHIN PORT”.

The bidder shall ensure that his quoted rate as per cover ‘B’ is not mentioned in any other
documents directly or indirectly. If any such mention is made, the bid is liable to be
rejected.

6.0 EVALUATIONS AND COMPARISON OF BIDS

6.1 General

6.1.1 After the receipt of bids, if required, the EMPLOYER may depute a team of officials and they
may inspect the facilities available with the bidder to ensure suitability of the same for achieving
the requirements specified in the bid and working conditions of the dredger(s) and of the
equipment listed to be deployed by the bidder for the work. The bidder shall ensure that aforesaid
team shall at all the times have access to visit and inspect dredger(s), equipment etc. The
travelling expenses including food and accommodation required for the inspection team shall be
borne by the bidder at his own cost.

EMPLOYER reserves the right to open Price Bid of only such bidders whose Technical and
Commercial Bid (Cover-A) are acceptable and complete.

31
The Employer’s decision in this regard shall be final and binding on the bidder. The EMPLOYER
may not open Price Bid of the bidders whose technical and commercial aspect of the proposal is
not acceptable or is incomplete and the bid will be returned to the bidder unopened.

6.2 Evaluation Criteria

6.2.1. The Bids received and opened will be evaluated by EMPLOYER to ascertain the relative position
of the best Bid in the interest of EMPLOYER, for the complete WORK covered up by Bid
Documents.

6.3 Minimum Qualification Criteria

(i) Financial Turn over:

Average annual financial turn over during the last three years ending 31st March 2010 shall be at
least Rs. 120 Million.

(ii) Experience:

Experience of having successfully completed similar works during last 7 years ending
31st March 2011 should be either of the following:

a. Three similar works, EACH work either costing not less than Rs. 120 Million or
involving in situ dredging quantity of not less than 0.6 Million cu.m.

Or

b. Two similar works, EACH work either costing not less than Rs. 160 Million or involving
in situ dredging quantity of not less than 0.8 Million cu.m.

Or

c. One similar work either costing not less than Rs. 240 Million or involving in situ
dredging quantity of not less than 1.20 Million cu.m.

32
Explanatory Notes:

a) Similar works means dredging and disposal of dredged spoil.

b) In cases where actual execution period of the work(s) considered against experience
exceeds one year, cost/quantity of such work(s) shall be arrived at for a period of one
year on pro rata basis and the same shall only be reckoned against the requirement
specified under the experience criteria.

c) Completed portion of on going work till 31st March 2011 for which payments have
been already made will be considered against experience on submission of certificate
of satisfactory completion of the portion of work from the Owner of the work. In case
the actual execution period of the completed portion of work(s) exceeds one year,
cost/quantity of such portion of completed work(s) shall be arrived at for a period of
one year on pro rata basis and the same shall only be reckoned against the
requirement specified under the experience criteria.

d) If the bidder is a subsidiary company and if they want to rely, (a) on the financial
turnover and/or (b) on the experience of its holding company or another subsidiary of
the holding company, (a) the financial turnover and/or (b) the experience of such
holding company/subsidiary company will be taken into account for the purpose of
this bid, provided the bidder enter into a legally binding unconditional agreement
with the holding company/subsidiary company, committing/undertaking the holding
/subsidiary company liable and responsible for the performance of the contract in all
respects and the same shall be furnished along with the bid. Further, such holding
company/subsidiary company shall give a guarantee, jointly or severally, to the
Board of Trustees of the Cochin Port Trust making them liable for, undertaking, the
performance of the contract in all respects and the same shall be submitted along with
the bid.

e) In case of bid submitted by JV/Consortium, the Minimum Qualification Criteria


EXCEPT Financial Turnover, can be fulfilled collectively by the partners of the
JV/Consortium. In the case of Financial Turnover, average annual turnover of only
those partners who have completed at least one similar work either costing not less
than Rs. 120 Million or involving in situ dredging quantity of not less than 0.60
Million cu.m. during last 7 years ending 31st March 2011, shall be aggregated. In
cases where actual execution period of the work considered above exceeds one year,

33
cost/quantity of such work shall be arrived at for a period of one year on pro rata
basis and the same shall be reckoned for the above purpose. Ongoing works
complying with the requirements under para (d) above shall also be considered for
the above purpose.

f) Chartering / wet leasing of dredger does not constitute as work experience for the
owner of the dredger.

g) For conversion of foreign currency to Indian rupee the rate prevailing as on due date
of submission of bid will be considered.

6.4 Responsiveness of Bid

Bids which do not fulfill all or any of the above conditions or which contain any other condition
of any sort including conditional rebates or are incomplete in any respect shall be summarily
rejected. Such bids shall be entered in the bid opening register but their rates shall neither be read
out nor entered in the register. Only a remark mentioning the reason of rejection in brief shall be
appended against such entry.

6.5 First Right of Refusal

(i) If Indian bidder(s) is/are involved, it will get the first right of refusal before the contract
is given to any foreign company, if the bid of Indian bidder(s) is within 10% of the lowest
offer and he/they is/are prepared to undertake the work by entering into a contract with
the Employer exactly similar to the contract which would have been entered into with the
lowest bidder, i.e. the contract shall be on a commercial format.

(ii) Where there are more than one Indian bidder whose bids are within 10% of the lowest
offer, then the first right of refusal will be given to the lowest among such Indian bidder
and on his failure to match the lowest bidder, the next higher Indian bidder will be given
the offer and so on.

(iii) Indian bidder means Indian citizen/company/society either having Indian flag vessel(s) or
having proposed in the bid for converting Foreign flag vessels to Indian flag vessel(s)
before commencing the work.

34
(iv) An Indian bidder which is pre-qualified by relying on the credentials of a foreign company
will not be eligible for claiming the first right of refusal.

(v) In case the contract is awarded to an Indian bidder through the process of exercising the
first right of refusal as detailed under (i) above and the work is executed by such bidder
by deploying foreign flag vessel, penalty shall be imposed @ Rs.1,00,000/- (Rupees one
lakh only) per day per dredger for the period of deployment of foreign flag vessel for the
work.

(vi) The sub-clauses (i) to (v) above are made as per various guidelines issued by the Ministry
of Shipping (Directorate General of Shipping and also Ports Wing) regarding chartering
of foreign flag vessels. Any further guidelines issued by the Ministry till the issue of
LOA shall also be applicable for this contract.

7.0 BID OPENING

7.1 Cover ‘A’ shall be opened on the last date fixed for receiving the bid at 1200 hrs Indian Standard
Time in the chamber of the Chief Engineer. At first, cover ‘A1’ containing the duly signed
“ Integrity Pact” to be executed between the bidder and Cochin Port Trust for the Work shall be
opened. Cover ‘A2’ containing EMD of only those bidders who have furnished duly signed
“Integrity Pact” in cover ‘A1’ shall only be opened. Cover ‘A3’ of only those bidders shall be
opened whose earnest money in cover ‘A2’ is found to be in order. In case the earnest money is
not deposited or is not in order, the bid will be returned to the bidder unopened either on the spot
if the bidder is present, or later by post. Only a mention to this effect shall be made in the bid
opening register. The cover ‘A3’ containing all particulars as detailed in sub-clause 5.1.4 above,
required for determining the technical and financial capability of the bidder for executing the
works under the bid will also be opened on the due date. The authenticity of the details furnished
by the bidders shall be verified and confirmed as per the bid stipulation. Cover ‘B’ of only those
bidders satisfying the bid requirements and who have submitted the undertaking that Cover ‘B’
do not contain any conditions shall only be opened. The bids of unselected bidders shall be
returned. After opening of cover ‘A3’ it shall be thoroughly checked for completeness with
respect to the details stipulated to be furnished in cover ‘A3’ by the bidders. Price Bid (Cover
‘B’) of those bidders found responsive and satisfactory on evaluation of Cover ‘A’ may be
opened on the same day.

35
7.2 The Chief Engineer or his duly authorized representative will open the bids on the day at the time
and place stipulated above. In the event of a bid being rejected, the earnest money will be
refunded to the bidder by the Financial Adviser & Chief Accounts Officer, Cochin Port Trust
directly.

7.3 At the time of Bid opening the EMPLOYER will permit authorised representative of each Bidder
to be present provided such representative presents to the EMPLOYER at that time, a letter duly
signed by the Bidder authorising him to be present on behalf of the Bidder.

7.4 Cover-B (Price Bid)

Price Bids of only those Bidders whose Technical and Commercial proposals are complete and
acceptable shall be opened preferably on the same date, if not on subsequent day with intimation
to the Bidder before opening.

8.0 LETTER OF ACCEPTANCE

8.1 The acceptance of bid and award of contract shall be based on instructions and guidelines issued
on dredging projects by the Govt. of India till the date of issue of Letter of Acceptance (LOA).

8.2 The successful bidder will be informed the acceptance of his bid through a Letter of Acceptance
(LOA) issued by the Employer.

8.3 The bidder whose bid is accepted shall convey his acknowledgement of receipt of the LOA
within 7 (Seven) days of its receipt.

9.0 SIGNING OF THE CONTRACT

9.1 The successful bidder shall be required to execute an agreement at his expense on Kerala State
stamp paper of proper value as per the Proforma indicated at Annexure – 11 to the bid document
for the due and proper fulfilment of the contract, within 14 days after the bidder receives the
Letter of Acceptance or within such extended time as may be permitted by the EMPLOYER in
this behalf. In case of the bidder who have received the Letter of Intent, agreement shall be
executed within 7 days after the bidder receives the Letter of Acceptance or within such extended

36
time as may be permitted by the EMPLOYER in this behalf. Till such time, the bid together with
the acceptance letter of the Board shall constitute a binding contract between the two parties.

9.2 In addition to the above, the successful bidder will be required to furnish a Performance Security
through an irrevocable Bank Guarantee (BG), enforceable and encashable at Kochi, drawn from
any Nationalised Bank / Scheduled Bank in India which has net worth not less than Rs.100
Crores and which is acceptable to the EMPLOYER, as per the Proforma enclosed at Annexure- 1
to the bid document. The Bank Guarantee shall be for an amount of 10% of the Accepted
Contract Amount, which shall be furnished within Twenty eight days of Letter of Acceptance
(LOA) of the bid and will remain in force till 30 days after the satisfactory performance of the
contract and will be discharged thereafter subject to the condition stated therein. In case of the
bidder who have received the Letter of Intent, Performance Security shall be furnished within
Twenty one days after the bidder receives the Letter of Acceptance. The obtaining of such
guarantee shall be at the expense of the contractor in all respects. No interest is payable by the
Employer on the guarantee amount. The BG shall be forfeited in full or part as decided by the
Chief Engineer, whose decision will be final and binding on the Contractor, on failure of the
Contractor to perform or non-fulfillment of the terms and conditions of the Contract by the
Contractor.

9.3 Failure to comply with the conditions under sub-clauses 9.1 & 9.2 above will entail rejection of
his bid with forfeiture of the EMD. The time schedule for submission Performance Security shall
be strictly adhered to.

9.4 Balance Security Deposit in excess of the EMD deposited in DD/Banker’s cheque will be
recovered as retention from the Running Account bills at 10% of bill value.

10. RELEASE OF EMD

10.1. The Employer shall arrange to release the EMD in respect of unsuccessful bidders within 30
(thirty) days of placement of Letter of Acceptance to successful bidder.

10.2. The DD/Banker’s Cheque furnished towards EMD will form part of the Security Deposit as
detailed under Cl 9.4 above.
******

37
IV. GENERAL CONDITIONS OF CONTRACT

Clause Description Page


1. GENERAL PROVISIONS 44

1.1 Definitions 44

1.2 Interpretation 49

1.3 Communications 50

1.4 Law and Language 50

1.5 Priority of Documents 51

1.6 Contract Agreement 51

1.7 Assignment 51

1.8 Care and Supply of Documents 51

1.9 Employer's Use of Contractor's Documents 52

1.10 Contractor's use of Employer's Documents 53

1.11 Confidential Details 53

1.12 Compliance with Laws 53

1.13 Joint and Several Liability 54

1.14 Details to be Confidential 54

2. THE EMPLOYER 55

2.1 Right of Access to the Site 55

2.2 Permits, Licences or Approvals 56

2.3 Employer's Personnel 56

2.4 Employer's Claims 56

38
Clause Description Page

3. THE ENGINEER 57

3.1 Engineer's Duties and Authority 57

3.2 Delegation by the Engineer 58

3.3 Instructions of the Engineer 58

3.4 Determinations 59

3.5 Management Meetings 59

4. THE CONTRACTOR 60

4.1 Contractor's General Obligations 60

4.2 Performance Security 60

4.3 Contractor's Representative 61

4.4 Subcontractors 63

4.5 Co-operation 63

4.6 Setting Out 63

4.7 Safety Procedures 64

4.8 Quality Assurance 64

4.9 Site Data 64

4.10 Sufficiency of the Accepted Contract Amount 65

4.11 Unforeseeable Physical Conditions 65

4.12 Rights of Way and Facilities 66

4.13 Avoidance of Interference 66

39
Page
Clause Description

4.14 Access Route 66

4.15 Contractor's Equipment 67

4.16 Protection of the Environment 67

4.17 Site Facilities 68

4.18 Progress Reports 68

4.19 Security of the Site 69

4.20 Contractor's Operations on Site 69

4.21 Fossils 70

5. STAFF AND LABOUR 70

5.1 Engagement of Staff and Labour 70

5.2 Rates of Wages and Conditions of Labour 70

5.3 Persons in the Service of Employer 71

5.4 Labour Laws 71

5.5 Working Hours 71

5.6 Facilities for Staff and Labour 71

5.7 Health and Safety 71

5.8 Contractor's Superintendence 71

5.9 Contractor's Personnel 73

5.10 Records of Contractor's Personnel and Equipment 73

5.11 Disorderly Conduct 73

40
Clause Description Page

6. COMMENCEMENT, DELAYS AND SUSPENSION 74

6.1 Commencement of Work 74

6.2 Time of Completion, Compensation for Delay to Contractor’s Negligence 74

6.3 Dredging Programme 74

6.4 Extension of Time for Completion 75

6.5 Delays Caused by Authorities 75

6.6 Rate of Progress 75

6.7 Contractor’s responsibility 76

6.8 Suspension of Work 76

6.9 Consequences of Suspension 76

6.10 Prolonged Suspension 77

6.11 Resumption of Work 77

7. EMPLOYER'S TAKING OVER 77

7.1 Taking over of the Works 77

8. DEFECTS LIABILITY 78

8.1 Performance Certificate 78

8.2 Unfulfilled Obligations 78

8.3 Clearance of Site 78

9 VARIATION AND ADJUSTMENTS 79


9.1 Adjustments for Changes in Legislation 79
10. CONTRACT PRICE AND PAYMENT 79
10.1 The Contract Price 79
10.2 Advance Payment 80
10.3 Application for Interim Payment Certificates 81
10.4 Schedule of Payments 81
10.5 Issue of Interim Payment Certificates 82

41
Clause Description Page

10.6 Payment 82
10.7 Delayed Payment 83
10.8 Retention Money 83
10.9 Statement at Completion 84
10.10 Application for Final Payment Certificate 84
10.11 Discharge 85
10.12 Issue of Final Payment Certificate 85
10.13 Cessation of employer's Liability 85
10.14 Currencies of Payment 86

11. TERMINATION BY EMPLOYER 86

11.1 Notice to Correct 86


11.2 Termination by Employer 86
11.3 Valuation at Date of Termination 88
11.4 Payment after Termination 88
11.5 Employer's Entitlement to Termination 89

12. SUSPENSION AND TERMINATION BY CONTRACTOR 89

12.1 Cessation of Work and Removal of Contractor's Equipment 89

13. RISK AND RESPONSIBILITY 89

13.1 Indemnities 89
13.2 Contractor's Care of the Works 90
13.3 Defined Risks 91
13.4 Consequences of Defined Risks 92
13.5 Intellectual and Industrial Property Rights 92
13.6 Limitation of Liability 93

42
Clause Description Page

14 INSURANCE 94
14.1 General Requirements for Insurances 94
14.2 Insurance for Contractor's equipment 95
14.3 Insurance against Injury to Persons and Damage to Property 96
14.4 Insurance for Contractor’s Personnel 96

15. FORCE MAJEURE 97

15.1 Definition of Force Majeure 97


15.2 Notice of Force Majeure 98
15.3 Duty to Minimise Delay 99
15.4 Consequences of Force Majeure 99
15.5 Force Majeure Affecting Subcontractor 99
15.6 Optional Termination, Payment and Release 99
15.7 Release from Performance under the Law 100

16. CONTRACTOR’S CLAIMS 101


16.1 Contractor's Claims 101

17. PROPERTY IN EXCAVATED MATERIALS 103

18. DRAWINGS & DESIGNS 103

19. CONTRACT SUPERSEDES PREVIOUS DOCUMENTS 103

20. BRIBES AND COMMISSION 103

21. IDLE TIME 103

22. SERVICE TAX 104

23. SECURITY CLEARANCE 104

43
IV. GENERAL CONDITIONS OF CONTRACT
1. General Provisions
1.1 In the Conditions of Contract ("these Conditions"), the following words and
Definitions expressions shall have the meanings stated. Words indicating persons or parties
include corporations and other legal entities, except where the context requires
otherwise.

1.1.1 1.1.1.1"Contract" means the Contract Agreement, the Letter of Acceptance, the
The Contract Letter of Bid, these Conditions, the Specification, the Drawings, the
Schedules, and the further documents (if any) which are listed in the
Contract Agreement or in the Letter of Acceptance.

1.1.1.2"Contract Agreement" means the contract agreement (if any) referred to


in Sub-Clause 1.6 [Contract Agreement].

1.1.1.3"Letter of Acceptance" means the letter of formal acceptance, signed by


the Employer, of the Bid submitted by the bidder, including any annexed
documents.
1.1.1.4.”Letter of Intent” means intimation prior to Letter of Acceptance, issued
to the bidder whose bid is acceptable.

1.1.1.5"Letter of Bid" means the document entitled letter of bid, completed by


the Contractor and includes the signed offer to the Employer for the
Works.

1.1.1.6"Specification" means the document entitled specification, as included in


the Contract, and any additions and modifications to the specification in
accordance with the Contract. Such document specifies the Works.

1.1.1.7"Drawings" means the drawings of the Works, as included in the


Contract, and any additional and modified drawings issued by (or on
behalf of) the Employer in accordance with the Contract.

44
1.1.1.8"Schedules" means the document(s) entitled schedules, completed by the
Contractor and submitted with the Letter of Bid, as included in the
Contract. Such document may include the Schedule of Quantities, data,
lists, and schedule of rates and/or prices.

1.1.1.9"Bid" means the Letter of Bid and all other documents, which the
Contractor submitted with the Letter of Bid, as included in the Contract.

1.1.1.10"Appendix to Bid" means the completed pages entitled appendix to bid


ie. addendum/corrigendum, any clarifications which are appended, to
form part of the Letter of Bid.

1.1.2 1.1.2.1"Party" means the Employer or the Contractor, as the context requires.
Parties and Persons
1.1.2.2"Employer" means the Board of Trustees of Cochin Port Trust constituted
under the Major Port Trust Act 1963 as amended by the Major Port
Trust’s Amendment Act 1982 or its authorized representative.

1.1.2.3"Contractor" means the person/persons or firm or company/joint venture


company or consortium of companies whose bid is accepted by the Board
and includes the Contractor’s authorised agents, successors and permitted
agents.

1.1.2.4"Engineer" means the Chief Engineer of the Cochin Port Trust

1.1.2.5“Dy. Conservator” means the Deputy Conservator of the Port.

1.1.2.6.”Engineer-in-charge” means the Executive Engineer in charge of the


work

1.1.2.7"Contractor's Representative" means the person named by the


Contractor in the Contract or appointed from time to time by the
Contractor under Sub-Clause 4.3 [Contractor's Representative], who acts
on behalf of the Contractor.

45
1.1.2.8"Employer's Personnel" means the Engineer, the assistants referred to in
Sub-Clause 3.2 [Delegation by the Engineer] and all other staff, labour
and other employees of the Engineer and of the Employer; and any other
personnel notified to the Contractor, by the Employer or the Engineer, as
Employer's Personnel.

1.1.2.9"Contractor's Personnel" means the Contractor's Representative and all


personnel whom the Contractor utilises on Site, who may include the
staff, labour and other employees of the Contractor and of each Sub-
contractor; and any other personnel assisting the Contractor in the
execution of the Works.

1.1.2.10"Sub-contractor" means any person named in the Contract as a


subcontractor, or any person appointed as a subcontractor, for a part of the
Works; and the legal successors in title to each of these persons.

1.1.3 1.1.3.1 "Base Date" means the date 14 days prior to the latest date for
Dates, Tests, Periods submission of the Bid.
and Completion
1.1.3.2"Commencement Date" means the date notified under Sub-Clause 6.1
[Commencement of Work].

1.1.3.3“Time for Completion" means the time for completing the Works or a
Section (as the case may be) under Sub-Clause 6.2 [Time of Completion,
Compensation for Delay to Contractor’s Negligence], as stated in the
Appendix to Bid (with any extension under Sub-Clause 6.4 [Extension of
Time for Completion]), calculated from the Commencement Date.

1.1.3.4"Taking-Over Certificate" means a certificate issued under Clause 7


[Employer's Taking Over].

46
1.1.3.5"Performance Certificate" means the certificate issued under Sub-Clause
8.1[Performance Certificate].

1.1.3.6"Day" means a calendar day and "Year" means 365 days.

1.1.4 1.1.4.1"Accepted Contract Amount" means the amount accepted in the Letter
Money and of Acceptance for the execution and completion of the Works.
Pa y m e n t s
1.1.4.2"Contract Price" means the price defined in Sub-Clause 10.1 [The
Contract Price], and includes adjustments in accordance with the
Contract.

1.1.4.3"Cost" means all expenditure reasonably incurred (or to be incurred) by


the Contractor, whether on or off the Site, including overhead and similar
charges, but does not include profit.

1.1.4.4 "Final Payment Certificate" means the payment certificate issued


under Sub-Clause 10.12 [Issue of Final Payment Certificate].

1.1.4.5"Final Statement" means the statement defined in Sub-Clause 10.10


[Application for Final Payment Certificate].

1.1.4.6"Currency" means Indian Rupees in which all of the Contract Price is


payable.

1.1.4.7"Interim Payment Certificate" means a payment certificate issued under


Clause 10 [Contract Price and Payment], other than the Final Payment
Certificate.

1.1.4.8"Payment Certificate" means a payment certificate issued under Clause


10 [Contract Price and Payment].

1.1.4.9"Security Deposit" means the amount retained by the Employer from the
running account bill.

47
1.1.4.10"Statement" means a statement submitted by the Contractor as part of an
application, under Clause 10 [Contract Price and Payment] for a Payment
Certificate.

1.1.5 1.1.5.1"Contractor's Equipment" means dredger, floating crafts, survey launch,


Works and Goods all apparatus, machinery, and other things required for the execution and
completion of the Works and the remedying of any defects. However,
Contractor's Equipment excludes Temporary Works, Employer's
Equipment (if any), Plant, Materials and any other things intended to form
or forming part of the Permanent Works.

1.1.5.2"Goods" means Contractor's Equipment, and Temporary Works, or any of


them as appropriate.

1.1.5.3“Plant" means the apparatus, machinery and vehicles intended to form or


forming part of the Works.

1.1.5.4"Section" means a part of the Works specified in the Appendix to Bid as a


Section (if any).

1.1.5.5"Temporary Works" means all temporary works of every kind (other


than Contractor's Equipment) required on Site for the execution and
completion of the Permanent Works and the remedying of any defects.

1.1.5.6"Works" mean the works to be executed in accordance with the Contract.

1.1.6 1.1.6.1"Contractor's Documents" means the calculations, computer programs


Other Definitions and other software, drawings, manuals, models and other documents of a
technical nature (if any) supplied by the Contractor under the Contract.

1.1.6.2"Country" means India in which the Site (or most of it) is located, where
the Works are to be executed.

48
1.1.6.3"Employer's Equipment" means the apparatus, machinery and vehicles
(if any) made available by the Employer for the use of the contractor in
the execution of the Works, as stated in the specification; but does not
include Plant which has not been taken over by the Employer.

1.1.6.4"Force Majeure" is defined in Clause 15 [Force Majeure].

1.1.6.5"Laws" means all national (Indian) (or state (Kerala)) legislation, statutes,
ordinances and other laws, and regulations and by-laws of any legally
constituted public authority.

1.1.6.6"Performance Security" means the security (or securities, if any) under


Sub-Clause 4.2 [Performance Security].

1.1.6.7"Site" means the places where the Works are to be executed and to which
Plant and materials are to be delivered.

1.1.6.8"Unforeseeable" means not reasonably foreseeable by an experienced


contractor by the date for submission of the Bid.

1.1.6.9"Variation" means any change as a variation under Clause 9 [Variations


and Adjustments].

1.2 In the Contract, except where the context requires otherwise:


Interpretation
(a) words indicating one gender include all genders;
(b) words indicating the singular also include the plural and words indicating the
plural also include the singular;
(c) provisions including the word "agree", "agreed" or "agreement"
require the agreement to be recorded in writing, and
(d) "written" or "in writing" means hand-written, type-written,
printed or electronically made, and resulting in a permanent
record.

49
The marginal words and other headings shall not be taken into consideration in the
interpretation of these Conditions.

1.3 Wherever these Conditions provide for the giving or issuing of approvals,
Communications certificates, consents, determinations, notices and requests, these communications
shall be:

(a) in writing and delivered by hand (against receipt), sent by mail or courier, or
transmitted using any of the agreed systems of electronic transmission as
stated in the Appendix to Bid; and

(b) delivered, sent or transmitted to the address for the recipient's


communications as stated in the Appendix to Bid. However:

(i) if the recipient gives notice of another address, communications shall


thereafter be delivered accordingly; and

(ii) if the recipient has not stated otherwise when requesting an approval or
consent, it may be sent to the address from which the request was
issued.

Approvals, certificates, consents and determinations shall not be unreasonably


withheld or delayed. When a certificate is issued to a Party the certifier shall send
a copy to the other Party. When a notice is issued to a Party, by the other Party or
the Engineer, a copy shall be sent to the Engineer or the other Party, as the case
may be.

1.4 The Contract shall be interpreted and have effect in accordance with the Law of
Law and Language India and no suit or other proceedings relating to this contract shall be filed or
taken by the contactor in any court of law except in the court of competent
jurisdiction in Kochi. (Refer clause 2.39 of Special Conditions of Contract).
The language for communications shall be the English language

50
1.5 The documents forming the Contract are to be taken as mutually explanatory of
Priority of Documents one another. For the purposes of interpretation, the priority of the documents shall
be in accordance with the following sequence:
(a) The Contract Agreement (if completed),
(b) The Letter of Acceptance
(c) The priced Schedule of Quantities,
(d) Bid Clarification,
(e) The Technical Specification, Special Conditions of Contract and
Information in Appendix to Bid.
(f) The General Conditions of Contract.
(g) The Drawings and Annexures to the bid document.
(h) All Post bid correspondence and any other document forming part
of Contract
If any ambiguity or discrepancy is found in the documents, the Engineer shall
issue any necessary clarification or instruction.

1.6 The Parties shall enter into a Contract Agreement within 14 days after the
Contract Agreement Contractor receives the Letter of Acceptance, or within such time as extended by
the Engineer. In case of the bidder who have received the Letter of Intent,
Contract Agreement shall be executed within 7 days after the bidder receives the
Letter of Acceptance or within such extended time as may be permitted by the
EMPLOYER in this behalf. The Contract Agreement shall be in the prescribed
departmental form annexed to the bid and is on Kerala State stamp paper of
proper value. The costs of stamp duties and similar charges (if any) imposed by
law in connection with entry into the Contract Agreement and connected expenses
shall be borne by the bidder. Till such time, the bid together with the acceptance
letter of the Board shall constitute a binding contract between the two parties.

1.7 The Contractor shall not assign the whole or any part of the work to any other
Assignment Party/Firm/Individual without prior written consent of the Employer.

1.8 The Specification and Drawings shall be in the custody and care of the Employer.
Care and Supply of Unless otherwise stated in the Contract, one copy of the Contract and of each
Documents subsequent Drawing shall be supplied to the Contractor, who may make or request

51
further copies at the Cost of the Contractor.

Each of the Contractor's Documents shall be in the custody and care of the
Contractor, unless and until taken over by the Employer. Unless otherwise stated
in the Contract, the Contractor shall supply to the Engineer six copies of each of
the Contractor's Documents.

The Contractor shall keep, on the Site, a copy of the Contract, publications named
in the Specification, the Contractor's Documents (if any), the Drawings and
Variations and other communications given under the Contract. The Employer's
Personnel shall have the right of access to all these documents at all reasonable
times.

If a Party becomes aware of an error or defect of a technical nature in a document,


which was prepared for use in executing the Works, the Party shall promptly give
notice to the other Party of such error or defect.

1.9 As between the Parties, the Contractor shall retain the copyright and other
Employer's Use of intellectual property rights in the Contractor's Documents made by (or on behalf
Contractor's of) the Contractor.
Documents
The Contractor shall be deemed (by signing the Contract) to give to the Employer
a non-terminable transferable non-exclusive royalty-free Licence to copy, use and
communicate the Contractor's Documents, including making and using
modifications of them. This Licence shall:

(a) apply throughout the actual or intended working life (whichever is


longer) of the relevant parts of the Works,
(b) entitle any person in proper possession of the relevant part of the
Works to copy, use and communicate the Contractor's Documents for
the purposes of completing, operating, maintaining, altering,
adjusting, repairing and demolishing the Works, and
(c) in the case of Contractor's Documents, which are in the form of
computer programs and other software, permit their use on any

52
computer on the Site and other places as envisaged by the Contract,
including replacements of any computers supplied by the Contractor.
(In case the Contractor’s computer(s) in which the Computer
Programs and other software installed are made available at site and is
accessible to the Employer for checking and verification, the
installation of the computer programs and other software on any other
computer shall not be insisted by the Employer.)

The Contractor's Documents and other design documents made by (or on behalf
of) the Contractor shall not, without the Contractor's consent, be used, copied or
communicated to a third Party by (or on behalf of) the Employer for purposes
other than those permitted under this Sub-Clause.

1.10 As between the Parties, the Employer shall retain the copyright and other
Contractor's use of intellectual property rights in the Specification, the Drawings and other
Employer's documents made by (or on behalf of) the Employer. The Contractor may, at his
Documents Cost, copy, use, and obtain communication of these documents for the purposes of
the Contract. They shall not, without the Employer's consent, be copied, used or
communicated to a third Party by the Contractor, except as necessary for the
purposes of the Contract.

1.11 The Contractor shall disclose all such confidential and other information as the
Confidential Details Engineer may reasonably require in order to verify the Contractor's compliance
with the Contract.

1.12 The Contractor shall, in performing the Contract, comply with applicable Laws.
Compliance with Unless otherwise:
Laws
(a) the Employer shall have obtained (or shall obtain) the planning, zoning or
similar permission for the Permanent Works, and any other permissions
described in the Specification as having been (or being) obtained by the
Employer; and the Employer shall indemnify and hold the Contractor
harmless against and from the consequences of any failure to do so; and

53
(b) the Contractor shall give all notices, pay all taxes, duties and fees, and
obtain all permits, licenses and approvals, as required by the Laws in
relation to the execution and completion of the Works and the remedying
of any defects; and the Contractor shall indemnify and hold the Employer
harmless against and from the consequences of any failure to do so.

(c) The Contractor shall conform in all respects with the provisions of any
such Statute, Ordinance or Law as aforesaid and the Regulations or Bye-
laws of any local or other duly constituted authority which may be
applicable to the Work or to any Temporary work and with such rules and
regulations of Public bodies and Companies as aforesaid and shall keep
the EMPLOYER indemnified against all penalties and liability of every
kind for breach of any such Statute, Ordinance or Law, Regulation or
Bye-Laws.

1.13 If the Contractor constitutes (under applicable Laws) a joint venture company/
Joint and Several consortium of companies or other unincorporated grouping of two or more
Liability persons/ companies, these persons/ companies shall be deemed to be jointly and
severally liable to the Employer for the performance of the Contract.

1.14
The Contract involves an obligation of secrecy and the Contractor, his agents,
Details to be
servants or Sub-contractor or their agents or servants shall observe and comply
Confidential
with the requirements of the Indian Official Secrets Act 1923, and the rules there
under or any statutory modifications or re-enactments thereof. Any breach of this
clause shall constitute a breach of the Contract.

The Contractor shall treat the details of the Contract as private and confidential,
except to the extent necessary to carry out obligations under it or to comply with
applicable Laws. The Contractor shall not publish, permit to be published or
disclose any particulars of the Works in any trade or technical paper of elsewhere
without the previous agreement of the Employer.

No photographs of the Port area shall be taken or permitted by the Contractor to


be taken by any of his employees without the approval of the Competent

54
Authority and no such photographs shall be published, or otherwise circulated
without the approval of the Board.
2. The Employer

2.1 The Employer shall give the Contractor right of access to, and possession of all
Right of Access to the parts of the Site within the time (or times) stated in the Appendix to Bid. The right
Site and possession may not be exclusive to the Contractor. However, the Employer
may withhold any such right or possession until the Performance Security has
been received.

If no such time is stated in the Appendix to Bid, the Employer shall give the
Contractor right of access to, and possession of the Site within such times as mayy
be required to enable the Contractor to proceed in accordance with the programme
submitted under Sub-Clause 6.3 [Dredging Programme].

If the Contractor suffers delay and/or incurs Cost as a result of a failure by the
Employer to give any such right or possession within such time, the Contractor
shall give notice to the Engineer and shall be entitled subject to Sub-Clause 16.1
[Contractor's Claims] to:
(a) an extension of time for any such delay, if completion is or will be
delayed, under Sub-Clause 6.4 [Extension of Time for Completion], and

(b) payment of any such Cost plus reasonable profit, which shall be included
in the Contract Price.

After receiving this notice, the Engineer shall proceed in accordance with Sub
Clause 3.4 [Determinations] to agree or determine these matters.

However, if and to the extent that the Employer's failure was caused by any error
or delay by the Contractor, including an error in, or delay in the submission of,
any of the Contractor's Documents, the Contractor shall not be entitled to such
extension of time, Cost or profit.

55
2.2 The Employer shall (where he is in a position to do so) provide reasonable
Permits, Licences or documentary assistance to the Contractor at the request of the Contractor without
Approvals any financial commitment.

(a) by obtaining copies of the Laws of the Country which are relevant to the
Contract but are not readily available, and

(b) for the Contractor's applications for any permits, Licences or approvals
required by the Laws of the Country:
(i) which the Contractor is required to obtain under Sub - Clause 1.12
[Compliance with Laws],
(ii)for the delivery of Goods, including clearance through customs, and
(iii) for the export of Contractor’s Equipment when it is removed from
the Site.

2.3 The Employer shall be responsible for ensuring that the Employer's Personnel and
Employer's Personnel the Employer's other Contractors on the Site:

(a) co-operate with the Contractor's efforts under Sub-Clause 4.5 [Co-
operation], and

(b) take actions similar to those, which the Contractor is required to take
under sub paragraphs (a), (b) and (c) of Sub-Clause 4.7 [Safety
Procedures] and under Sub-Clause 4.16 [Protection of the
Environment].

2.4 If the Employer considers himself to be entitled to any payment under any Clause
Employer's Claims of these Conditions or otherwise in connection with the Contract, and/or
otherwise, the Employer or the Engineer shall give notice and particulars to the
Contractor. However, notice is not required for payments due under Sub-Clause
4.17 [Site Facilities].

The notice shall be given within 15 days after the Employer became aware of the
event or circumstances giving rise to the claim.

56
The particulars shall specify the Clause or other basis of the claim, and shall
include substantiation of the amount and/or extension to which the Employer
considers himself to be entitled in connection with the Contract. The Engineer
shall then proceed in accordance with Sub-Clause 3.4 [Determinations] to agree
or determine the amount (if any) which the Employer is entitled to be paid by the
Contractor.

This amount may be included as a deduction in the Contract Price and Payment
Certificates. The Employer shall only be entitled to set off against or make any
deduction from an amount certified in a Payment Certificate, or to otherwise
claim against the Contractor, in accordance with this Sub-Clause.

3. The Engineer

3.1 The Engineer's staff shall include suitably qualified Engineers and other
Engineer's Duties and professionals who are competent to carry out these duties.
Authority
The Engineer shall have no authority to amend the Contract

The Engineer may exercise the authority attributable to the Engineer as specified
in or necessarily to be implied from the Contract. The Engineer shall obtain prior
approval of the Employer for giving any instructions to the Contractor or taking
any action on aspects, which are beyond the scope of the contract. The Employer
undertakes not to impose further constraints on the Engineer's authority, except as
agreed with the Contract.

However, whenever the Engineer exercises a specified authority for which the
Employer's approval is required, then (for the purposes of the Contract) the
Employer shall be deemed to have given approval.
Except as otherwise stated in these Conditions:

(a) whenever carrying out duties or exercising authority, specified in or


implied by the Contract, the Engineer shall act for the Employer;

57
(b) the Engineer has no authority to relieve either Party of any duties,
obligations or responsibilities under the Contract; and

(c) any approval, check, certificate, consent, examination, inspection,


instruction, notice, proposal, request, test or similar act by the
Engineer (including absence of disapproval) shall not relieve the
Contractor from any responsibility he has under the Contract,
including responsibility for errors, omissions, discrepancies and non-
compliances.

3.2 The Engineer may from time to time assign duties and delegate authority to
Delegation by the assistants, and may also revoke such assignment or delegation. The assignment,
Engineer delegation or revocation shall be in writing and shall not take effect until copies
have been received by the Contractor.

Each assistant, to whom duties have been assigned or authority has been
delegated, shall only be authorized to issue instructions to the Contractor to the
extent defined by the delegation. Any approval, check, certificate, consent,
examination, inspection, instruction, notice, proposal, request, test, or similar act
by an assistant, in accordance with the delegation, shall have the same effect as
though the act had been an act of the Engineer. However:

(a) any failure to disapprove any work, Plant or Materials shall not
constitute approval, and shall therefore not prejudice the right of the
Engineer to reject the work, Plant or Materials.

(b) if the Contractor questions any determination or instruction of an


assistant, the Contractor may refer the matter to the Engineer, who
shall promptly confirm, reverse or vary the determination or
instruction.

3.3 The Engineer may issue to the Contractor (at any time) instructions and additional
Instructions of the or modified Drawings, which may be necessary for the execution of the Works
Engineer and the remedying of any defects, all in accordance with the Contract. The

58
Contractor shall only take instructions from the Engineer, or from an assistant to
whom the appropriate authority has been delegated under this Clause.

The Contractor shall comply with the instructions given by the Engineer or
delegated assistant, on any matter related to the Contract and no claim of any sort
shall be made for deviating from the original dredging programme. Whenever
practicable, their instructions shall be given in writing. If the Engineer or a
delegated assistant:

(a) gives an oral instruction,

(b) receives a written confirmation of the instruction, from (or on behalf of)
the Contractor, within two working Days after giving the instruction, and
does not reply by issuing a written rejection and/or instruction within two
working Days after receiving the confirmation, then the confirmation
shall constitute the written instruction of the Engineer or delegated
assistant (as the case may be).

3.4 Whenever these Conditions provide that the Engineer shall proceed in accordance
Determinations with this Sub-Clause 3.4 to agree or determine any matter, the Engineer shall
consult with the Contractor in an endeavour to reach agreement. If agreement is
not achieved, the Engineer shall make a fair determination in accordance with the
Contract, taking due regard of all relevant circumstances

The Engineer shall give notice to the Contractor of each agreement or


determination, with supporting particulars. Each Party shall give effect to each
agreement or determination unless and until revised under Clause 16
[Contractor’s Claims]

3.5 The Contractor’s Representative shall attend management meetings in order to


Management review the progress and arrangements for future work. The Engineer shall record
Meetings the business of management meetings and supply copies of the record to those
attending the meeting.

59
4. The Contractor

4.1 The Contractor shall execute and complete the Works in accordance with the
Contractor's General Contract and with the Engineer's instructions, and shall remedy any defects in the
Obligations Works.

The Contractor shall provide the Plant and Contractor's Documents specified in
the Contract, and all Contractor's Personnel, Goods, consumables and other things
and services, whether of a temporary or permanent nature, required in and for this
execution, completion and remedying of defects.

The Contractor shall be responsible for the adequacy, stability and safety of all
Site operations and of all methods of dredging. Except to the extent specified in
the Contract, the Contractor (i) shall be responsible for all Contractor's
Documents, and such design of each item of Plant and Materials as is required for
the item to be in accordance with the Contract, and (ii) shall not otherwise be
responsible for the design or Specification of the Permanent Works.

The Contractor shall, whenever required by the Engineer, submit details of the
arrangements and methods, which the Contractor proposes to adopt for the
execution of the Works. No significant alteration to these arrangements and
methods shall be made without this having previously been notified to the
Engineer.

4.2 The Contractor shall obtain (at his Cost) and submit a Performance Security for
Performance Security proper performance, in the amount, currencies and mode stated in the Appendix
to Bid.

The Contractor shall ensure that the Performance Security is valid and enforceable
until the Contractor has executed and completed the Works and remedied any
defects. If the terms of the Performance Security specify its expiry date, and the
Contractor has not become entitled to receive the Performance Certificate by the

60
date 28 Days prior to the expiry date, the Contractor shall extend the validity of
the Performance Security until the Works have been completed and any defects
have been remedied.

The Employer shall not make a claim under the Performance Security, except for
amounts to which the Employer is entitled under the Contract in the event of:

(a) failure by the Contractor to extend the validity of the Performance


Security as described in the preceding paragraph, in which event the
Employer may claim the full amount of the Performance Security,

(b) failure by the Contractor to pay the Employer an amount due, under
Clause 16 [Contractor’s Claims], within 42 Days after this
agreement or determination,

(c) failure by the Contractor to remedy a default within 42 Days after


receiving the Employer's notice requiring the default to be remedied,
or

(d) circumstances, which entitle the Employer to termination under Sub-


Clause 11.2 [Termination by Employer], irrespective of whether
notice of termination has been given.
The Employer shall indemnify and hold the Contractor harmless against and from
all damages, losses and expenses (including legal fees and expenses) resulting
from a claim under the Performance Security to the extent to which the Employer
was not entitled to make the claim.

The Employer shall return the Performance Security to the Contractor within
30 Days after receiving a copy of the Performance Certificate.

4.3 Contractor’s The Contractor shall appoint a single person as the Contractor’s Representative
Representative and shall give him all authority necessary to act on the Contractor's behalf under
the Contract.

61
Unless the Contractor's Representative is named in the Contract, the Contractor
shall, prior to the Commencement Date, submit to the Engineer for consent the
name and particulars of the person the Contractor proposes to appoint as
Contractor's Representative. If consent is withheld or subsequently revoked, or if
the appointed person fails to act as Contractor's Representative, the Contractor
shall similarly submit the name and particulars of another suitable person for such
appointment.

The Contractor shall not, without the prior consent of the Engineer, revoke the
appointment of the Contractor's Representative or appoint a replacement.

The whole time of the Contractor's Representative shall be given to directing the
performance of the Contract. If the Contractor's Representative is to be temporary
absent from the Site during the execution of the Works, a suitable replacement
person shall be appointed, subject to the Engineer's prior consent, and the
Engineer shall be notified accordingly.

The Contractor's Representative shall, on behalf of the Contractor, receive


instructions under Sub-Clause 3.3 [Instructions of the Engineer].

The Contractor's Representative may delegate any powers, functions and authority
to any competent person, and may at any time revoke the delegation. Any
delegation or revocation shall not take effect until the Engineer has received prior
notice signed by the Contractor's Representative, naming the person and
specifying the powers, functions and authority being delegated or revoked.

The Contractor's Representative and all these persons shall be fluent in the
language for communications defined in Sub-Clause 1.4 [Law and Language].

The Contractor’s Representative and all their persons shall also be fluent in
English and Hindi, if Contractor’s Representative, or these persons, is not fluent
in the above languages, the Contractor shall make a competent interpreter
available during all working hours.

62
4.4 The Contractor shall not subcontract the whole of the Works. However, part work
Sub-contractors may be assigned by the Contractor to Sub-contractor(s) approved by the
Employer.

The Contractor shall be responsible for the acts or defaults of any Sub-contractor,
his agents or employees, as if they were the acts or defaults of the Contractor.
However, unless otherwise stated, in case subcontract is approved by Employer
then;

(i) the Contractor shall give the Engineer not less than 15 Days' notice of
the intended date of the commencement of each Sub-contractor's work,
and of the commencement of such work on the Site; and

(ii) each subcontract shall include provisions, which would entitle the
Employer to require the subcontract to be assigned to the Employer in the
event of termination under Sub-Clause 11.2 [Termination by Employer].

4.5 The Contractor shall, as specified in the Contract or as instructed by the Engineer,
Co-operation allow appropriate opportunities for carrying out work to:
(a) the Employer's Personnel,

(b) any other Contractors employed by the Employer, and

(c) the personnel of any legally constituted public authorities,

who may be employed in the execution on or near the Site of any work not
included in the Contract.

4.6 The Contractor shall set out the Works in relation to original points, lines and
Setting Out levels of reference specified in the Contract or notified by the Engineer. The
Contractor shall be responsible for the correct positioning
of all parts of the Works, and shall rectify any error in the positions, levels,
dimensions or alignment of the Works.

63
4.7 The Contractor shall:
Safety Procedures
(a) comply with all applicable safety regulations,

(b) take care for the safety of all persons entitled to be on the Site,

(c) use reasonable efforts to keep the Site and Works clear of unnecessary
obstruction so as to avoid danger to these persons.

4.8 The Contractor shall institute a quality assurance system to demonstrate


Quality Assurance compliance with the requirements of the Contract. The system shall be in
accordance with the details stated in the Contract. The Engineer shall be entitled
to audit any aspect of the system.

Details of all procedures and compliance documents shall be submitted to the


Engineer for information before each design and execution stage is commenced.
When any document of a technical nature is issued to the Engineer, evidence of
the prior approval by the Contractor himself shall be apparent on the document
itself.

Compliance with the quality assurance system shall not relieve the Contractor of
any of his duties, obligations or responsibilities under the Contract.

4.9 The Employer shall have made available to the Contractor for his information,
Site Data prior to the Base Date, all relevant data in the Employer's possession on sub-
surface and hydrological conditions at the Site, including environmental aspects.
The Employer shall similarly make available to the Contractor all such data,
which come into the Employer's possession after the Base Date. The Contractor
shall be responsible for interpreting all such data.

To the extent which was practicable (taking account of Cost and time), the
Contractor shall be deemed to have obtained all necessary information as to risks,

64
contingencies and other circumstances which may influence the Bid or Works.
To the same extent, the Contractor shall be deemed to have inspected and
examined the Site, its surroundings, the above data and other available
information, and to have been satisfied before submitting the Bid as to all relevant
matters, including (without limitation):

(a) the form and nature of the Site, including sub-surface conditions,
(b) the hydrological, oceanographic and climatic conditions,
(c) the extent and nature of the work and Goods necessary for the execution
and completion of the Works and the remedying of any defects,
(d) the Laws, procedures and labour practices of the Country, and
(e) the Contractor's requirements for access, accommodation, facilities,
personnel, power, transport, water and other services.

4.10 The Contractor shall be deemed to:


Sufficiency of the
Accepted Contract (a) have satisfied himself as to the correctness and sufficiency of the
Amount Accepted Contract Amount, and

(b) have based the Accepted Contract Amount on the data, interpretations,
necessary information, inspections, examinations and satisfaction as to
all relevant matters referred to in Sub-Clause 4.9 [Site Data].
Unless otherwise stated in the Contract, the Accepted Contract Amount covers all
the Contractor's obligations under the Contract and all things necessary for the
proper execution and completion of the Works and the remedying of any defects.

4.11 In this Sub-Clauses, "physical conditions" means natural physical conditions and
Unforeseeable man-made and other physical obstructions and pollutants, which the Contractor
Physical Conditions encounters at the Site when executing the Works, including sub-surface and
hydrological conditions but excluding climatic conditions.

If the Contractor encounters adverse physical conditions, which he considers to


have been Unforeseeable, the Contractor shall give notice to the Engineer as soon
as practicable and within 24 hours.

65
This notice shall describe the physical conditions, so that they can be inspected by
the Engineer, and shall set out the reasons why the Contractor considers them to
be Unforeseeable. The Contractor shall continue executing the Works, using such
proper and reasonable measures as are appropriate for the physical conditions, and
shall comply with any instructions, which the Engineer may give.

If and to the extent that the Contractor encounters physical conditions which are
Unforeseeable, gives such a notice, and suffers delay and/or incurs Cost due to
these conditions, the Contractor shall be entitled subject to Sub-Clause 16.1
[Contractor's Claims] to:

(a) an extension of time for any such delay, if completion is or will be delayed,
under Sub-Clause 6.4 [Extension of Time for Completion], and

(b) payment of any such Cost, which shall be added to the Contract Price.

The Engineer may take account of any evidence of the physical conditions
foreseen by the Contractor when submitting the Bid, which may be made
available by the Contractor, but shall not be bound by any such evidence.

4.12 The Contractor shall bear all Costs and charges for special and/or temporary rights
Rights of Way and of-way which he may require, including those for access to the Site. The
Facilities Contractor shall also obtain, at his risk and Cost, any additional facilities outside
the Site, which he may require for the purposes of the Works.

4.13 The Contractor shall not interfere unnecessarily or improperly with the
Avoidance of convenience of the public.
Interference
The Contractor shall indemnify and hold the Employer harmless against and from
all damages, losses and expenses (including legal fees and expenses) resulting
from any unnecessary or improper interference.

4.14 The Contractor shall be deemed to have been satisfied as to the suitability and
Access Route availability of access routes to the Site.

66
Except as otherwise stated in these Conditions:

(a) the Employer shall not be responsible for any claims which may arise from
the use or otherwise of any access route,

(b) the Employer does not guarantee the suitability or availability of particular
access routes, and costs due to non-suitability or non-availability, for the use
required by the Contractor, of access routes shall be borne by the Contractor.

4.15 The Contractor shall be responsible for all Contractor's Equipment. When brought
Contractor's on to the Site, Contractor's Equipment shall be deemed to be exclusively intended
equipment for the execution of the Works and shall be retained at the Site till the completion
of the work. The Contractor shall not remove from the Site any major items of
Contractor's Equipment without the consent of the Engineer. Such consent will
not be refused by the Engineer if it is established that the particular equipment is
not required for further execution of contract.

4.16
a) The Contractor shall take all reasonable steps to protect the environment
Protection of the
(both on and off the Site) and to limit damage and nuisance to people and
Environment
property resulting from pollution, noise and other results of his operations and
to avoid damage or nuisance to persons or to property of the public or others
resulting from pollution, noise, or other causes arising as a consequence to his
method of operation.

b) The Contractor shall ensure that emissions and effluent from the Contractor's
activities and noise shall not exceed the values prescribed by applicable
Laws.

c) In order to ensure that there is no deterioration in environmental quality


during the execution phase of work, required remedial measures should be
taken whenever warranted. National and International conventions
/legislations on shipping and port sector, and environmental protection should
be strictly adhered to.

67
4.17 Facilities Supplied by the Contractor
Site Facilities
The Contractor shall supply all services, amenities, temporary structures including
security fencing and storage compounds, machinery and buildings necessary for
the proper execution of the Works at Site at his Cost.

The Contractor shall provide and maintain a suitable office at Kochi to which the
Board or its representatives may send communications and instructions.

4.18
Unless otherwise stated, monthly progress reports shall be prepared by the
Progress Reports
Contractor and submitted to the Engineer in six copies. The first report shall cover
the period up to the end of the first calendar month following the Commencement
Date. Reports shall be submitted monthly thereafter, each within 7 Days after the
last Day of the period to which it relates. Reporting shall continue until the
Contractor has completed all work, which is known to be outstanding at the
completion date, stated in the Taking-Over Certificate for the Works.

The Contractor shall keep up the following documents for monitoring the progress
of the work.

a) the details described in Sub-Clause 5.10 [Records of Contractor's Personnel


and Equipment];

b) copies of latest sounding charts;

c) list of notices given under Sub-Clause 2.4 [Employer's Claims] and notices
given under Sub-Clause 16.1 [Contractor's Claims];

d) safety statistics, including details of any hazardous incidents and activities


relating to environmental aspects and public relations; and

e) Comparisons of actual and planned progress, with details of any events or


circumstances which may jeopardize the completion in accordance with the
Contract, and the measures being (or to be) adopted to overcome delays.

68
4.19 Unless otherwise stated:
Security of the Site
(a) the Contractor shall be responsible for keeping unauthorised persons off the
Site, and

(b) authorised persons shall be limited to the Contractor's Personnel and the
Employer's Personnel; and to any other personnel notified to the
Contractor, by the Employer or the Engineer, as authorised personnel of
the Employer's other Contractors on the Site.

The Contractor shall, throughout the Contract period, have full regard for the
safety of all persons entitled to be upon the Site and keep the Site (so far as the
same is under his control) and the work (so far as the same is completed or
occupied by the Employer) in orderly state appropriated to the avoidance of
danger to such persons.

4.20 The Contractor shall confine his operations to the Site, and to any additional
Contractor's areas, which may be obtained by the Contractor and agreed by the Engineer as
Operations on Site working areas. The Contractor shall take all necessary precautions to keep
Contractor's Equipment and Contractor's Personnel within the Site and these
additional areas, and to keep them off adjacent land.

During the execution of the Works, the Contractor shall keep the Site free from all
unnecessary obstruction, and shall store or dispose off any Contractor's
Equipment or surplus materials. The Contractor shall clear away and remove from
the Site any wreckage and, rubbish and Temporary Works, which are no longer,
required.

Upon the issue of a Taking-Over Certificate, the Contractor shall clear away and
remove, from that part of the Site and Works to which the Taking-Over Certificate
refers, all Contractor's Equipment, surplus material, wreckage, and rubbish and
Temporary Works. The Contractor shall leave that part of the Site and the Works
in a clean and safe condition.

69
4.21
All fossils, coins, articles of value or antiquity and structures and other remains
Fossils
or things of geological or archaeological interest discovered during the work
shall, as between the Employer and the Contractor, be deemed to be the absolute
property of the Employer and the Contractor shall take responsible precautions to
prevent his workman or any other persons, from removing or damaging any such
article or thing and shall immediately upon discovery thereof and before removal
acquaint the Employer of such recovery and carryout, at the expense of the Board
the disposal of the same, as per the order of Engineer.

The Contractor shall, upon discovery of any such finding, promptly give notice to
the Engineer, who shall issue instructions for dealing with it. If the Contractor
suffers delay and/or incurs Cost from complying with the instructions, the
Contractor shall give a further notice to the Engineer and shall be entitled subject
to Sub-Clause 16.1 [Contractor's Claims] to:

(a) an extension of time for any such delay, if completion is or will be delayed,
under Sub-Clause 6.4 [Extension of Time for Completion], and

(b)payment of any such Cost, which shall be included in the Contract Price.

After receiving this further notice, the Engineer shall proceed in accordance with
Sub Clause 3.4 [Determinations] to agree or determine these matters.

5. Staff and Labour

5.1 Except as otherwise stated in the Specification, the Contractor shall make
Engagement of Staff arrangements for the engagement of all staff and labour, local or otherwise, and
and Labour for their payment, housing, feeding and transport.

5.2 The Contractor shall pay rates of wages, and observe conditions of labour, which
Rates of Wages and are not lower than those established for the trade or industry where the work is
Conditions of Labour carried out. If no established rates or conditions are applicable, the Contractor
shall pay rates of wages and observe conditions, which are not lower than the

70
general level of wages, and conditions observed locally by Employers whose trade
or industry is similar to that of the Contractor.

5.3 The Contractor shall not recruit, or attempt to recruit, staff and labour from
Persons in the Service amongst the Employer's Personnel.
of Employer
5.4 The Contractor shall comply with all the relevant labour Laws applicable to the
Labour Laws Contractor's Personnel, including Laws relating to their employment, health,
safety, welfare, immigration and emigration, and shall allow them all their legal
rights.
The Contractor shall require his employees to obey all applicable Laws, including
those concerning safety at work.

5.5
The Contractor is free to work throughout Day and night and even on holidays.
Working Hours

5.6 Except as otherwise stated in the Specification, the Contractor shall provide and
Facilities for Staff and maintain all necessary accommodation and welfare facilities for the Contractor's
Labour Personnel. The Contractor shall also provide facilities for the Employer's
Personnel as stated in the Specification.
5.7
The Contractor shall comply with all statutory requirements in respect of health
Health and Safety
and sanitation of his employees.
The Contractor shall send, to the Engineer, details of any accident as soon as
practicable after its occurrence. The Contractor shall maintain records and make
Reports concerning health, safety and welfare of persons, and damage to property,
as, the Engineer may reasonably require.

5.8 (a) Throughout the execution of the Works, and as long thereafter as is necessary
Contractor's to fulfill the Contractor's obligations, the Contractor shall provide all
Superintendence necessary superintendence to plan, arrange, direct, manage, inspect and test
the work.
Superintendence shall be given by a sufficient number of persons having
adequate knowledge of the language for communications (defined in Sub-
Clause 1.4 [Law and Language] ) and of the operations to be carried out

71
(including the methods and techniques required, the hazards likely to be
encountered and methods of preventing accidents), for the satisfactory and
safe execution of the Works.

A reasonable proportion of the Contractor’s Superintending staff shall have a


working knowledge of English or the Contractor shall have a sufficient
number of competent interpreters available during all working hours.

(b) Foreign Staff and Labour:

The Contractor may import any personnel who are necessary for the
execution of the Works. The Contractor must ensure that these personnel are
provided with the required residence visas and work permits. The Contractor
shall be responsible for the return to the place where they were recruited or to
their domicile of imported Contractor’s Personnel. In the event of the death
in the Country of any of these personnel or members of their families, the
Contractor shall similarly be responsible for making the appropriate
arrangements for their return or burial.

( c ) Measures against Insect and Pest Nuisances:

The Contractor shall at all times take necessary precautions to protect all
staff and all labour employed on the Site from insect and pest nuisance, and
to reduce their danger to health. The Contractor shall provide suitable
prophylactics for the Contractor’s Personnel and shall comply with all the
regulations of the local health authorities, including use of appropriate
insecticide.

(d) Alcoholic Liquor or Drugs:

The Contractor shall not, otherwise than in accordance with the Laws of the
Country, import, sell, give, barter or otherwise dispose of any alcoholic
liquor or drugs or permit or allow importation, sale, gift, barter, or disposal
by Contractor’s Personnel.

72
(e) Arms and Ammunition:

The Contractor shall not give, barter or otherwise dispose of to any person
any arms or ammunition of any kind, or allows Contractor’s Personnel to do
so.

(f) Festival and religious customs

The contractor shall respect the Country’s recognized festivals, days of rest
and religious or other customs.
5.9 The Contractor's Personnel shall be appropriately qualified, skilled and
Contractor's experienced in their respective trades or occupations. The Engineer may require
Personnel the Contractor to remove (or cause to be removed) any person employed on the
Site or Works, including the Contractor's Representative if applicable, who:

(a) persists in any misconduct or lack of care,


(b) carries out duties incompetently or negligently,
(c) fails to conform with any provisions of the Contract, or
(d) persists in any conduct, which is prejudicial to safety, health, or the protection
of the environment.

If appropriate, the Contractor shall then appoint (or cause to be appointed) a


suitable replacement person.

5.10 The Contractor shall submit, to the Engineer, details showing the number of each
Records of class of Contractor's Personnel and of each type of Contractor's Equipment on the
Contractor's Site. Details shall be submitted each calendar month, in a form approved by the
Personnel and Engineer, until the Contractor has completed all work, which is known to be
Equipment outstanding at the completion date, stated in the Taking-Over Certificate for the
Works

5.11 The Contractor shall at all times take all reasonable precautions to prevent any
Disorderly Conduct unlawful, riotous or disorderly conduct by or amongst the Contractor's Personnel,
and to preserve peace and protection of persons and property on and near the Site.

73
6. Commencement, Delays and Suspension

6.1 The issue of Letter of Acceptance is tentatively scheduled by first week of May
Commencement of 2011.
Work
The Contract period of dredging work shall be 3 months from the date of expiry
of 30 days from the date of issue of Letter of Acceptance

In case of the bidder who have received the Letter of Intent, Contract period of
dredging work shall be from the date of expiry of 23 days from the date of issue
of Letter of Acceptance.

The Contractor shall commence the execution of the Work not later than the date
of expiry of 30 days from the date of issue of Letter of Acceptance. In case of the
bidder who have received the Letter of Intent, bidder shall commence the
execution of the Work not later than the date of expiry of 23 days from the date of
issue of Letter of Acceptance.

6.2 The Contractor shall complete the whole works, and each Section (if any), within
Time of Completion, the Time for Completion for the Works or Section (as the case may be), as
Compensation for detailed under clause 2.3 [Area to be dredged and depth to be achieved] of the
Delay to Contractor’s Special Conditions of Contract.
Negligence
In the event of the Contractor failing to comply with the requirements under
clause 2.3 [Area to be dredged and depth to be achieved] of the Special
Conditions of Contract, liquidated damages shall be paid by the Contractor as per
clause 2.31 [Liquidated damages for delay in completion] of the Special
Conditions of Contract

6.3 Refer Clause 2.7 [Dredging Programme] of the Special Conditions of Contract.
Dredging Programme If, at any time, the Engineer gives notice to the Contractor that a dredging
programme fails (to the extent stated) to comply with the Contract or to be
consistent with actual progress and the Contractor's stated intentions, the
Contractor shall submit a revised programme to the Engineer.

74
6.4 The Contractor shall be entitled subject to Sub-Clause 16.1 [Contractor's Claims]
Extension of Time for to an extension of the Time for Completion if and to the extent that completion for
Completion the purposes of Sub-Clause 7.1 [Taking Over of the Works] is or will be delayed
by any of the following causes:
(a) a cause of delay giving an entitlement to extension of time under a Sub-Clause
of these Conditions,
(b) exceptionally adverse climatic conditions,

(c) Unforeseeable shortages in the availability of personnel or Goods caused by


epidemic or governmental actions, or
(d) Any delay, impediment or prevention caused by or attributable to the
Employer, the Employer's Personnel, or the Employer's other Contractors on
the Site.
If the Contractor considers himself to be entitled to an extension of the Time for
Completion, the Contractor shall give notice to the Engineer in accordance with
Sub-Clause 16.1 [Contractor's Claims]. When determining each extension of time
under Sub-Clause 16.1[Contractor's Claims], the Engineer shall review previous
determinations and may increase, but shall not decrease, the total extension of
time.

6.5 If the following conditions apply, namely:


Delays caused by
(a) The Contractor has diligently followed the procedures laid down by the
Authorities
relevant legally constituted public authorities in the Country,

(b) these authorities delay or disrupt the Contractor's work, and.

(c) the delay or disruption was Unforeseeable, then this delay or disruption will
be considered as a cause of delay under subparagraph (b) of Sub-Clause
6.4 [Extension of Time for Completion].

6.6 If, at any time:


Rate of Progress actual progress is too slow to complete within the Time for Completion, other
than as a result of a cause listed in Sub-Clause 6.4 [Extension of Time for
Completion], then the Engineer may instruct the Contractor to submit, under Sub-

75
Clause 6.3 [Dredging Programme], a revised programme and supporting report
describing the revised methods which the Contractor proposes to adopt in order to
expedite progress and complete within the Time for Completion.

Unless the Engineer notifies otherwise, the Contractor shall adopt these revised
methods, which may require increases in the dredging capacity and/or in the
numbers of Contractor's Personnel, at the risk and Cost of the Contractor.

6.7 Notwithstanding the payment of liquidated damages if any under sub-clause


Contractor’s 6.2 [Time of Completion, Compensation for Delay to Contractor’s Negligence],
responsibility this shall not relieve the Contractor from his obligation to complete the work or
from any other obligations / liabilities under this Contract.

6.8 The Engineer may at any time instruct the Contractor to suspend progress of part
Suspension of Work or all of the Works.

The Engineer may also notify the cause for the suspension. If and to the extent
that the cause is notified and is the responsibility of the Contractor, the following
Sub Clauses 6.9 [Consequences of Suspension], and 6.10 [Prolonged Suspension]
shall not apply.

6.9 If the Contractor suffers delay and/or incurs Cost from complying with the
Consequences of Engineer's instructions under Sub-Clause 6.8 [Suspension of Work] and /or from
Suspension resuming the work, the Contractor shall give notice to the Engineer and shall be
entitled subject to Sub-Clause 16.1 [Contractor's Claims] to:

(a) an extension of time for any such delay, if completion is or will be delayed,
under Sub-Clause 6.4 [Extension of Time for Completion], and

(b) payment of any such Cost, which shall be included in the Contract Price.

After receiving this notice, the Engineer shall proceed in accordance with Sub
Clause 3.4 [Determinations] to agree or determine these matters.

76
The Contractor shall not be entitled to an extension of time for, or to payment of
the Cost incurred in, making good the consequences of the Contractor's faulty
design or workmanship

6.10 If the suspension under Sub-Clause 6.8 [Suspension of Work] has continued for
Prolonged Suspension more than 84 Days, the Contractor may request the Engineer's permission to
proceed.

6.11 After the permission or instruction to proceed is given, the Contractor and the
Resumption of Work Engineer shall jointly examine the Works affected by the suspension. The
Contractor shall make good any deterioration or defect in or loss of the Works ,
which has occurred during the suspension.

7. Employer's Taking Over


7.1.
Taking over of the The Works shall be taken over by the Employer when (i) the Works have been
Works completed in accordance with the Contract, including the matters described in
Sub-Clause 6.2 [Time of Completion, Compensation for Delay to Contractor’s
Negligence] and except as allowed in sub-paragraph (a), below, and (ii) a Taking-
Over Certificate for the Works has been issued, or is deemed to have been issued
in accordance with this Sub-Clause.

The Contractor may apply by notice to the Engineer for a Taking-Over Certificate
not earlier than 14 Days before the Works will, in the Contractors opinion, be
complete and ready for taking over.

The Engineer shall, within 28 Days after receiving the Contractor's application:

(a) issue the Taking-Over Certificate to the Contractor, stating the date on which
the Works or Section were completed in accordance with the Contract, except
for any minor outstanding work and defects which will not substantially affect
the use of the Works or Section for their intended purpose (either until or
whilst this work is completed and these defects are remedied); or

77
(b) reject the application, giving reasons and specifying the work required to be
done by the Contractor to enable the Taking-Over Certificate to be issued.
The Contractor shall then complete this work before issuing a further notice
under this Sub-Clause.

If the Engineer fails either to issue the Taking-Over Certificate or to reject the
Contractor's application within the period of 28 Days, and if the Works or Section
(as the case may be) are substantially completed in accordance with the Contract,
the Taking Over Certificate shall be deemed to have been issued on the last Day
of that period.

8. Defects Liability

8.1 Performance of the Contractor's obligations shall not be considered to have been
Performance completed until the Engineer has issued the Performance Certificate to the
Certificate Contractor, stating the date on which the Contractor completed his obligations
under the Contract. Subject to complying with all requirements, Engineer shall
issue the Performance Certificate within 45 days of Contractor’s notice or 15 days
from the date of issuing ‘Taking Over Certificate’ whichever is later.

8.2 After the Performance Certificate has been issued, each Party shall remain liable
Unfulfilled for the fulfillment of any obligation, which remains unperformed at that time. For
Obligations the purposes of determining the nature and extent of unperformed obligations, the
Contract shall be deemed to remain in force.

8.3 Upon receiving the Performance Certificate, the Contractor shall remove any
Clearance of Site remaining Contractor's Equipment, surplus material, wreckage, rubbish and
Temporary Works from the Site.
If all these items have not been removed within 28 Days after the Employer
receives a copy of the Performance Certificate, the Employer may sell or
otherwise dispose of any remaining items. The Employer shall be entitled to be
paid the Costs incurred in connection with, or attributable to, such sale or disposal
and restoring the Site.

Any balance of the moneys from the sale shall be paid to the Contractor. If these

78
moneys are less than the Employer's Costs, the Contractor shall pay the
outstanding balance to the Employer.

9.Variations and No Price Variation will be applicable in this contract except due to change in
Adjustments legislation to the taxes and duties.

9.1 The Contract Price shall be adjusted to take account of any increase or decrease in
Adjustments for Cost resulting from a change in the Laws of the Country (including the
Changes in Legislation introduction of new Laws and the repeal or modification of existing Laws) or in
the judicial or official governmental interpretation of such Laws, made after the
Base Date, which affect the Contractor in the performance of obligations under
the Contract.

If the Contractor suffers (or will suffer) delay and/or incurs (or will incur)
additional Cost as a result of these changes in the Laws or in such interpretations,
made after the Base Date, the Contractor shall give notice to the Engineer and
shall be entitled subject to Sub-Clause 16.1 [Contractor's Claims] to:
(a) an extension of time for any such delay, if completion is or will be delayed,
under Sub-Clause 6.4 [Extension of Time for Completion], and

(c) payment of any such Cost, which shall be included in the Contract Price.

After receiving this notice, the Engineer shall proceed in accordance with Sub
Clause 3.4 [Determinations] to agree or determine these matters.

10. Contract Price and Payment

10.1 (a) the Contract Price shall be agreed and be subject to adjustments in accordance
The Contract Price with the Contract;

(b) the Contractor shall pay all taxes, duties and fees required to be paid by him
under the Contract, and the Contract Price shall not be adjusted for any of
these Costs except as stated in Sub-Clause 9.1 [Adjustments for Changes in
Legislation].

79
10.2
Interest bearing advance can be availed by the Contractor against Bank Guarantee
Advance Payment
to be executed as per proforma at Annexure - 12 to the bid document for an
amount of 10% more than the advance amount. Total advance paid shall not be
more than 10% of the Accepted Contract Amount and shall be recovered from
each monthly bill on pro rata basis.

It is clarified that an irrevocable Bank Guarantee, enforceable and encashable at


Kochi, drawn from any Nationalised Bank / Scheduled Bank in India which has
net worth not less than Rs.100 Crores and which is acceptable to the
EMPLOYER, as per Proforma at Annexure- 12 to the bid document, shall only
be accepted for payment of advance. The Contractor can submit irrevocable Bank
Guarantees in different denominations so as to get it released progressively
according to the amount of recovery along with the interest from the running
account bills. In other words, the Bank Guarantee has to be retained only to the
extent required for the outstanding advance.

Along with the recovery towards the advance, the interest accrued on the advance
recovered shall also be recovered from each running account bill. For calculating
interest, the period shall be reckoned upto the date of authorisation for payment of
the bill by the Engineer.

The Contractor shall ensure that the guarantee is valid and enforceable until the
advance payment has been repaid, but its amount may be progressively reduced
by the amount repaid by the Contractor. If the terms of the guarantee specify its
expiry date, and the advance payment has not been repaid by the date, 28 Days
prior to the expiry date, the Contractor shall extend the validity of the guarantee
until the advance payment has been repaid.

If the advance payment has not been repaid prior to the issue of the Taking-Over
Certificate for the Works or prior to termination under Clause 11 [Termination by
Employer] or Clause 15 [Force Majeure] (as the case may be), the whole of the
balance then outstanding shall immediately become due and payable by the
Contractor to the Employer.

80
10.3 The Contractor shall submit a Statement in four copies to the Engineer after the
Application for end of each month, in a form approved by the Engineer, showing in detail the
Interim Payment amounts to which the Contractor considers himself to be entitled, together with
Certificates supporting documents which shall include the report on the progress during this
month in accordance with Sub-Clause 4.18 [Progress Reports].

The Statement shall include the following items, as applicable, in the sequence
listed:
a) the Contract Price of the Works executed and the Contractor's
Documents produced up to the end of the month;

b) any amounts to be added and deducted for changes in legislation and


changes in Cost, in accordance with Sub-Clause 9.1 [Adjustments for
Changes in Legislation] and Clause 2.3 [Area to be dredged and
depth to be achieved] of the Special Conditions of Contact;

c) any amount to be deducted for retention, calculated by applying the


percentage of retention stated in the Appendix to Bid to the total of
the above amounts;

d) any amounts to be deducted towards repayments of advances in


accordance with Sub-Clause 10.2 [Advance Payment];

e) any other additions or deductions which may have become due under
the Contract or otherwise, including those under Sub-Clause 16.1
[Contractor's Claims] and Clause 2.38 [Settlement of Disputes &
Arbitration] of Special Conditions of Contract; and

f) the deduction of amounts certified in all previous Payment


Certificates.
10.4
Schedule of Payments Refer clause 2.30 [Bills & Payment Schedules] of Special Conditions of Contract.

81
10.5 No amount will be certified or paid until the Employer has received and approved
Issue of Interim the Performance Security. Thereafter, the Engineer shall, within 10 Days after
Payment Certificates receiving a Statement and supporting documents, issue to the Employer an Interim
Payment Certificate, which shall state the amount, which the Engineer fairly
determines to be due, with supporting particulars.

However, prior to issuing the Taking-Over Certificate for the Works, the Engineer
shall not be bound to issue an Interim Payment Certificate in an amount which
would (after retention and other deductions) be less than the minimum amount of
Interim Payment Certificates (if any) stated in the Appendix to Bid. In this event,
the Engineer shall give notice to the Contractor accordingly.

An Interim Payment Certificate shall not be withheld for any other reason,
although:

a) if any thing supplied or work done by the Contractor is not in


accordance with the Contract, the Cost of rectification or
replacement may be withheld until rectification or replacement
has been completed; and/or

b) if the Contractor was or is failing to perform any work or


obligation in accordance with the Contract, and had been so
notified by the Engineer, the value of this work or obligation may
be withheld until the work or obligation has been performed.
The Engineer may in any Payment Certificate make any correction or
modification that should properly be made to any previous Payment Certificate. A
Payment Certificate shall not be deemed to indicate the Engineer's acceptance,
approval, consent or satisfaction.

10.6 The Employer shall pay to the Contractor:


Payment a) the first installment of the advance payment within 42 Days after
issuing the Letter of Acceptance or within 21 Days after receiving the
documents in accordance with Sub-Clause 4.2 [Performance

82
Security] and Sub-Clause 10.2 [Advance Payment], whichever is
later;

b) the amount certified in each Interim Payment Certificate within 21


Days after the Engineer receives the Statement and supporting
documents; and

c) the amount certified in the Final Payment Certificate within 45 Days


after the Employer receives this Payment Certificate.

Payment of the amount due in Indian Rupees shall be made into the bank account,
nominated by the Contractor.
10.7 If the Contractor does not receive payment in accordance with Sub-Clause 10.6
Delayed Payment [Payment], the Contractor shall be entitled to receive financing charges
compounded monthly on the amount unpaid during the period of delay. This
period shall be deemed to commence on the date for payment specified in Sub-
Clause 10.6[Payment], irrespective [in the case of its sub-paragraph (b)] of the
date on which any Interim Payment Certificate is issued.

These financing charges shall be calculated at the rate of 12.5% per annum.

The Contractor shall be entitled to this payment without formal notice or


certification, and without prejudice to any other right or remedy.

10.8 Retention Money Retention Money shall be deducted from each running bill @ 10% subject to a
(Security Deposit) maximum accumulation of 10% of Contract Price.

Retention Money shall be refunded within 14 days from the date of payment of
final bill.

If a taking over Certificate issued for a Section or part of the works, a portion of
the Retention Money corresponding to value of the work taken over shall be
certified and paid.

83
10.9 Within 28 Days after receiving the Taking-Over Certificate for the Works, the
Statement at Contractor shall submit to the Engineer four copies of a Statement at completion
Completion with supporting documents, in accordance with Sub-Clause 10.3 [Application for
Interim Payment Certificates], showing:

a) the value of all work done in accordance with the Contract up to the
date stated in the Taking-Over Certificate for the Works,

b) any further sums which the Contractor considers to be due, and

c) an estimate of any other amounts, which the Contractor considers,


will become due to him under the Contract. Estimated amounts shall
be shown separately in this Statement at completion.
The Engineer shall then certify in accordance with Sub-Clause 10.5 [Issue of
Interim Payment Certificates].
10.10 Within 56 Days after receiving the Performance Certificate, the Contractor shall
Application for Final Submit, to the Engineer, six copies of a draft Final Statement with supporting
Payment Certificate documents showing in detail in a form approved by the Engineer:

(a) the value of all work done in accordance with the Contract, and

(d) any further sums which the Contractor considers to be due to him under the
Contract or otherwise.

If the Engineer disagrees with or cannot verify any part of the draft Final
Statement, the Contractor shall submit such further information as the Engineer
may reasonably require and shall make such changes in the draft as may be agreed
between them. The Contractor shall then prepare and submit to the Engineer the
Final Statement as agreed. This agreed Statement is referred to in these
Conditions as the "Final Statement".

However if, following discussions between the Engineer and the Contractor and
any changes to the draft Final Statement which are agreed, it becomes evident that

84
a dispute exists, the Engineer shall deliver (with a copy to the Contractor) an
Interim Payment Certificate for the agreed parts of the draft Final Statement.
Thereafter, if the dispute is finally resolved, the Contractor shall then prepare and
submit to the Engineer a Final Statement.

10.11 When submitting the Final Statement, the Contractor shall submit a written
Discharge discharge, which confirms that the total of the Final Statement represents full and
final settlement of all moneys due to the Contractor under or in connection with
the Contract. This discharge may state that it becomes effective when the
Contractor has received the Performance Security and the outstanding balance of
this total, in which event the discharge shall be effective on such date.

10.12 Within 28 Days after receiving the Final Statement and written discharge in
Issue of Final accordance with Sub-Clause 10.10 [Application for Final Payment Certificate]
Payment Certificate and Sub-Clause 10.11 [Discharge], the Engineer shall issue, the Final Payment
Certificate which shall state:

(a) the amount which is finally due, and

(b) after giving credit to the Employer for all amounts previously paid by the
Employer and for all sums to which the Employer is entitled, the balance
(if any) due from the Employer to the Contractor or from the Contractor
to the Employer, as the case- may be.

If the Contractor has not applied for a Final Payment Certificate in accordance
with Sub-Clause 10.10 [Application for Final Payment Certificate] and Sub-
Clause 10.11 [Discharge], the Engineer shall request the Contractor to do so. If
the Contractor fails to submit an application within a period of 28 Days, the
Engineer shall issue the Final Payment Certificate for such amount as he fairly
determines to be due.

10.13 The Employer shall not be liable to the Contractor for any matter or thing under or
Cessation of in connection with the Contract or execution of the Works, except to the extent
Employer's Liability that the Contractor shall have included an amount expressly for it:

85
(a) in the Final Statement and also

(b) except for matters or things arising after the issue of the Taking-Over
Certificate for the Works) in the Statement at completion described in
Sub-Clause 10.9 [Statement at Completion].

However, this Sub-Clause shall not limit the Employer's liability under his
indemnification obligations, or the Employer's liability in any case of fraud,
deliberates default or reckless misconduct by the Employer.

10.14
All the payments under this Contract shall be made in Indian Rupees only.
Currencies of
Refer Clause 2.34 [Indian Contract Act] of Special Conditions of Contract.
Payment

11. Termination by Employer

11.1 If the Contractor fails to carry out any obligation under the Contract, the Engineer
Notice to Correct may by notice require the Contractor to make good the failure and to remedy it
within a specified reasonable time.

11.2 The Employer shall be entitled to terminate the Contract if the Contractor:
Termination by
Employer a) fails to comply with Sub-Clause 4.2 [Performance Security] or with a
notice under Sub-Clause 11.1 [Notice to Correct],

b) abandons the Works or otherwise plainly demonstrates the intention not


to continue performance of his obligations under the Contract,

c) without reasonable excuse fails:

(i) to proceed with the Works in accordance with


Clause 6 [Commencement, Delays and Suspension], or

(ii) to comply with a notice issued within 28 Days after receiving it,

86
(d) subcontracts the whole of the Works or assigns the Contract without the
required agreement,

(e) becomes bankrupt or insolvent, goes into liquidation, has a receiving or


administration order made against him, compounds with his creditors, or
carries on business under a receiver, trustee or manager for the benefit of
his creditors, or if any act is done or event occurs which (under
applicable Laws) has a similar effect to any of these acts or events, or

(f) gives or offers to give (directly or indirectly) to any person any bribe,
gift, gratuity, commission or other thing of value, as an inducement or
reward:

(i) for doing or forbearing to do any action in relation to the Contract,


or

(ii) for showing or forbearing to show favour or disfavour to any person


in relation to the Contract,

or if any of the Contractor's Personnel, agents or Subcontractors gives or offers to


give (directly or indirectly) to any person any such inducement or reward as is
described in this sub-paragraph (f). However lawful inducements and rewards to
Contractor's Personnel shall not entitle termination.

In any of these events or circumstances, the Employer may, upon giving 14 Days
notice to the Contractor terminate the Contract and expel the Contractor from the
Site. However, in the case of sub-paragraph (e) or (f), the Employer may by notice
terminate the Contract immediately.

The Employer's election to terminate the Contract shall not prejudice any other
rights of the Employer, under the Contract or otherwise.

The Contractor shall then leave the Site and deliver any required Goods, all
Contractor's Documents, and other design documents made by or for him, to the
Engineer. However, the Contractor shall use his best efforts to comply

87
immediately with any reasonable instructions included in the notice (i) for the
assignment of any subcontract, and (ii) for the protection of life or property or for
the safety of the Works.

After termination, the Employer may complete the Works and/or arrange for any
other entities to do so. The Employer and these entities may then use any Goods,
Contractor's Documents and other design documents made on behalf of the
Contractor.

The Employer shall then give notice that the Contractor's Equipment and
Temporary Works will be released to the Contractor at or near the Site. The
Contractor shall promptly arrange their removal, at the risk and cost of the
Contractor. However, if by this time the Contractor has failed to make a payment
due to the Employer, these items may be sold by the Employer in order to recover
this payment. Any balance of the proceeds shall then be paid to the Contractor.

11.3 As soon as practicable after a notice of termination under Sub-Clause 11.2


Valuation at Date of [Termination by Employer] has taken effect, the Engineer shall proceed in
Termination accordance with Sub-Clause 3.4 [Determinations] to agree or determine the value
of the Works, Goods and Contractor's Documents, and any other sums due to the
Contractor for work executed in accordance with the Contract.
11.4 After a notice of termination under Sub-Clause 11.2 [Termination by Employer]
Payment after has taken effect, the Employer may:
Termination (a) proceed in accordance with Sub-Clause 2.4 [Employer's Claims],

(b) withhold further payments to the Contractor until the Costs of execution,
completion and remedying of any defects, damages for delay in
completion (if any), and all other Costs incurred by the Employer, have
been established, and/or

(c) recover from the Contractor any losses and damages incurred by the
Employer and any extra Costs of completing the Works, after allowing for
any sum due to the Contractor under Sub-Clause 11.3 [Valuation at Date
of Termination]. After recovering any such losses, damages and extra
Costs, the Employer shall pay any balance to the Contractor.

88
11.5 The Employer shall be entitled to terminate the Contract, at any time for the
Employer’s Employer's convenience, by giving notice of such termination to the Contractor.
Entitlement to The termination shall take effect 14 Days after the later of the dates on which the
Termination Contractor receives this notice or the Employer returns the Performance Security.
The Employer shall not terminate the Contract under this Sub-Clause in order to
execute the Works himself or to arrange for the Works to be executed by another
Contractor.
After this termination, the Contractor shall proceed in accordance with Sub-
Clause 12 [Cessation of Work and Removal of Contractor's Equipment] and shall
be paid in accordance with Sub-Clause 15.6 [Optional Termination, Payment and
Release].

12. After a notice of termination under Sub-Clause 11.5 [Employer's Entitlement to


Cessation of Work Termination] or Sub-Clause 15.6 [Optional Termination, Payment and Release]
and Removal of has taken effect, the Contractor shall promptly:
Contractor's
Equipment (a) cease all further work, except for such work as may have been instructed
by the Engineer for the protection of life or property or for the safety of
the Works,

(b) hand over Contractor's Documents, Plant, Materials and other work, for
which the Contractor has received payment, and

(c) remove all other Goods from the Site, except as necessary for safety, and
leave the Site.
13. Risk and Responsibility

13.1 The Contractor shall indemnify and hold harmless the Employer, the Employer's
Indemnities Personnel, and their respective agents, against and from all claims, damages,
losses and expenses (including legal fees and expenses) in respect of:

(a) bodily injury, sickness, disease or death, of any person whatsoever arising out
of or in the course of or by reason of the Contractor's design (if any), the

89
execution and completion of the Works and the remedying of any defects,
unless attributable to any negligence, willful act or breach of the Contract by
the Employer, the Employer's Personnel, or any of their respective agents, and

(b) damage to or loss of any property, real or personal (other than the Works), to
the extent that such damage or loss:

(i) arises out of or in the course of or by reason of the Contractor's design (if
any), the execution and completion of the Works and the remedying of
any defects, and

(ii)is attributable to any negligence, willful act or breach of the Contract by


the Contractor, the Contractor's Personnel, their respective agents, or
anyone directly or indirectly employed by any of them.

The Employer shall indemnify and hold harmless the Contractor, the Contractor's
Personnel, and their respective agents, against and from all claims; damages,
losses and expenses (including legal fees and expenses) in respect of (1) bodily
injury, sickness, disease or death, which is attributable to any negligence, willful
act or breach of the Contract by the Employer, the Employer's Personnel, or any
of their respective agents, and (2) the matters for which liability may be excluded
from Insurance cover, as described in sub-paragraphs (c)(i), (ii) and (iii) of Sub-
Clause 14.3 [Insurance Against Injury to Persons and Damage to Property].

13.2 The Contractor shall take full responsibility for the care of the Works and Goods
Contractor's Care of from the Commencement Date until the Taking-Over Certificate is issued (or is
the Works deemed to be issued under Sub-Clause 7.1 [Taking Over of the Works]) for the
Works, when responsibility for the care of the Works shall pass to the Employer.
If a Taking-Over Certificate is issued (or is so deemed to be issued) for any
Section or part of the Works, responsibility for the care of the Section or part shall
then pass to the Employer.
After responsibility has accordingly passed to the Employer, the Contractor shall
take responsibility for the care of any work, which is outstanding on the date
stated in a Taking-Over Certificate, until this outstanding Work has been
completed.

90
If any loss or damage happens to the Works, Goods or Contractor's Documents
during the period when the Contractor is responsible for their care, from any cause
not listed in Sub-Clause 13.3 [Defined Risks], the Contractor shall rectify the loss
or damage at the Contractor's risk and Cost, so that the Works, Goods and
Contractor's Documents conform with the Contract.

The Contractor shall be liable for any loss or damage caused by any actions
performed by the Contractor after a Taking-Over Certificate has been issued. The
Contractor shall also be liable for any loss or damage, which occurs after a Taking
Over Certificate, has been issued and which arose from a previous event for which
the Contractor was liable.
13.3 The risks referred to in Sub-Clause 13.4 [Consequences of Defined Risks] below
Defined Risks are:

(a) war, hostilities (whether war be declared or not), invasion, act of foreign
enemies,

(b) rebellion, terrorism, revolution, insurrection, military or usurped power,


or civil war, within the Country,

(c) riot, commotion or disorder within the Country by persons other than the
Contractor's Personnel and other employees of the Contractor and Sub-
contractors,

(d) munitions of war, explosive materials, ionizing radiation or contamination


by radio-activity within the Country, except as may be attributable to the
Contractor's use of such munitions, explosives, radiation or radio-activity,

(e) pressure waves caused by aircraft or other aerial devices traveling at sonic
or supersonic speeds,

(f) natural catastrophes such as earthquake, tsunami, hurricane, typhoon or


volcanic activity.

91
13.4 If and to the extent that any of the risks listed in Sub-Clause 13.3 [Defined Risks]
Consequences of above results in loss or damage to the Works, Goods or Contractor's Documents,
Defined Risks the Contractor shall promptly give notice to the Engineer and shall rectify this loss
or damage to the extent required by the Engineer.

If the Contractor suffers delay and/or incurs Cost from rectifying this loss or
damage, the Contractor shall give a further notice to the Engineer and shall be
entitled subject to Sub-Clause 16.1 [Contractor's Claims] to:

(a) an extension of time for any such delay, if completion is or will be


delayed, under Sub-Clause 6.4 [Extension of Time for Completion], and

(b) payment of any such Cost, which shall be, included in the Contract Price
in the case of sub-paragraph(f) of Sub-Clause 13.3 [Defined Risks],
reasonable profit on the Cost shall also be included.

After receiving this further notice, the Engineer shall proceed in accordance with
Sub- Clause 3.4 [Determinations] to agree or determine these matters.

13.5 In this Sub-Clause, "infringement" means an infringement (or alleged


Intellectual and infringement) of any patent, registered design, copyright, trademark, trade name,
Industrial Property trade secret or other intellectual or industrial property right relating to the Works;
Rights and "claim" means a claim (or proceedings pursuing a claim) alleging an
infringement.

Whenever a Party does not give notice to the other Party of any claim within 28
Days of receiving the claim, the first Party shall be deemed to have waived any
right to indemnity under this Sub-Clause.

The Employer shall indemnify and hold the Contractor harmless against and from
any claim alleging an infringement which is or was:

(a) an unavoidable result of the Contractor's compliance with the Contract, or

92
(b) a result of any Works being used by the Employer:

(i) for a purpose other than that indicated by, or reasonably to be inferred
from, the Contract, or

(ii)in conjunction with any thing not supplied-by the Contractor, unless such
use was disclosed to the Contractor prior to the Base Date or is stated in
the Contract.

The Contractor shall indemnify and hold the Employer harmless against and from
any other claim which arises out of or in relation to (i) the manufacture, use, sale
or import of any Goods, or (ii) any design for which the Contractor is responsible.

If a Party is entitled to be indemnified under this Sub-Clause, the indemnifying


Party may (at its Cost) conduct negotiations for the settlement of the claim, and
any litigation or arbitration, which may arise from it. The other Party shall, at the
request and Cost of the indemnifying Party, assist in contesting the claim. This
other Party (and its Personnel) shall not make any admission, which might be
prejudicial to the indemnifying Party, unless the indemnifying Party failed to take
over the conduct of any negotiations, Litigation or arbitration upon being
requested to do so by such other Party.
13.6 Neither Party shall be liable to the other Party for loss of use of any Works, loss of
Limitation of Liability profit, loss of any Contract or for any indirect or consequential loss or damage
which may be suffered by the other Party in connection with the Contract, other
than under Sub-Clause 13.1 [Indemnities].

The total liability of the Contractor to the Employer, under or in connection with
the Contract other than under Sub-Clause 4.17 [Site Facilities], Sub-Clause 13.1
[Indemnities] and Sub-Clause 13.5 [Intellectual and Industrial Property Rights],
shall not exceed 10 % of the Contract Price.

This Sub-Clause shall not limit liability in any case of fraud, deliberate default or
reckless misconduct by the defaulting Party.

93
14. Insurance

14.1 The Contractor shall be responsible for effecting and maintaining the insurance
General specified in the relevant Sub-Clause.
Requirements
Each insurance shall be effected with insurers and in terms approved by the
for Insurances
Employer. These terms shall be consistent with any terms agreed by both Parties
before the date of the Letter of Acceptance. This agreement of terms shall take
precedence over the provisions of this Clause.

Each policy insuring against loss or damage shall provide for payments to be
made in the currencies required to rectify the loss or damage. Payments received
from insurers shall be used for the rectification of the loss or damage.

The Contractor shall, within the respective periods stated in the Appendix to Bid
(calculated from the Commencement Date), submit to the Employer:

(a) evidence that the insurances described in this Clause have been effected, and

(b) copies of the policies for the insurances described in Sub-Clause 14.2
[Insurance for Contractor's Equipment] and Sub-Clause 14.3 [Insurance
against Injury to Persons and Damage to Property].

When each premium is paid, the Contractor shall submit evidence of payment to
the Employer.

The Contractor shall comply with the conditions stipulated in each of the
insurance policies. The Contractor shall keep the insurers informed of any
relevant changes to the execution of the Works and ensure that insurance is
maintained in accordance with this Clause.

The Contractor shall not make any material alteration to the terms of any
insurance without the prior approval of the Employer. If the Contractor makes (or
attempts to make) any alteration, the same shall be informed to the Employer in
advance.

94
If the Contractor fails to effect and keep in force any of the insurances it is
required to effect and maintain under the Contract, or fails to provide satisfactory
evidence and copies of policies in accordance with this Sub-Clause, the Employer
may at its option and without prejudice to any other right or remedy effect
insurance for the relevant coverage and pay the premiums due. The Contractor
shall pay the amount of these premiums to the Employer, and the Contract Price
shall be adjusted accordingly.

Nothing in this Clause limits the obligations, liabilities or responsibilities of the


Contractor, under the other terms of the Contract or otherwise. Any amounts not
insured or not recovered from the insurer shall be borne by the Contractor, in
accordance with these obligations; liabilities or responsibilities. However, if the
Contractor fails to effect and keep in force an insurance which is available and
which it is required to effect and maintain under the Contract, and the Employer
neither approves the omission nor effects insurance for the coverage relevant to
this default, any moneys which should have been recoverable under this insurance
shall be paid by the Contractor. Payments shall be subject to Sub-Clause 2.4
[Employer's Claims] or Sub-Clause 16.1 [Contractor's Claims], as applicable.
14.2 The Contractor shall insure the Plant, Materials and Contractor's Documents for
Insurance for not less than the full reinstatement Cost including the Costs of demolition,
Contractor's removal of debris and professional fees and profit. This insurance shall be
Equipment effective from the date by which the evidence is to be submitted under sub-
paragraph (a) of Sub-Clause 14.1 [General Requirements for Insurances], until the
date of issue of the Taking-Over Certificate for the Works.

The Contractor shall maintain this insurance to provide cover until the date of
issue of the Performance Certificate, for loss or damage for which the Contractor
is liable arising from a cause occurring prior to the issue of the Taking-Over
Certificate, and for loss or damage caused by the Contractor in the course of any
other operations.

The Contractor shall insure the Contractor's Equipment for not less than the full
replacement value, including delivery to Site. For each item of Contractor's

95
Equipment, the insurance shall be effective while it is being transported to the Site
and until it is no longer required as Contractor's Equipment. The assurance

(a) shall cover all loss and damage from any cause not listed in Sub-Clause 13.3
[Defined Risks],

(b) may however exclude loss of, damage to, and reinstatement of Goods while
they are not in the Country.
14.3 The Contractor shall insure against each Party liability for any loss, damage, death
Insurance against or bodily injury which may occur to any physical property (except things insured
Injury to Persons and under Sub-Clause 14.2 [Insurance for Contractor’s Equipment] or to any person
Damage to Property (except persons insured under Sub-Clause 14.4 [Insurance for Contractor's
Personnel], which may arise out of the Contractor’ s performance of the Contract
and occurring before the issue of the Performance Certificate.
The insurances specified in this Sub-Clause:

(a) shall be effected and maintained by the Contractor as insuring Party,

(b) shall be extended to cover liability for all loss and damage to the
Employers property {except things Insured under Sub-Clause 14.2
[Insurance for Contractor's Equipment]} arising out of the Contractor’s
performance of the Contract, and
(c) may however exclude liability to the extent that it arises from:
(i) the Employer's right to have the Permanent Works executed on, over,
under, in or through any land, and to occupy this land for the Permanent
Works,
(ii)damage which is an unavoidable result of the Contractor's obligations to
execute the Works and remedy any defects, and
(iii) a cause listed in Sub-Clause 13.3 [Defined Risks], except to the extent
that cover is available at commercially reasonable terms.
14.4 The Contractor shall effect and maintain insurance against liability for claims,
Insurance for damages, losses and expenses (including legal fees and expenses) arising from
Contractor's injury, sickness, disease or death of any person employed by the Contractor or any
Personnel other of the Contractor's Personnel.

96
The Employer and the Engineer shall also be indemnified under the policy of
insurance, except that this insurance may exclude losses and claims to the extent
that they arise from any act or neglect of the Employer or of the Employer's
Personnel.

The insurance shall be maintained in full force and effect during the whole time
that these personnel are assisting in the execution of the Works. For a Sub-
contractor's employees, the insurance may be effected by the Sub-contractor, but
the Contractor shall be responsible for compliance with this Clause.

In respect of any persons employed by any Sub-contractor, the Contractor’s


obligations to insure these persons under this sub-clause shall be satisfied if the
Sub-contractor shall have insured against the liability in respect of such persons in
such manner that the Employer is indemnified under the policy, but the Contractor
shall require such Sub-contractor to produce before the Employer such policy of
insurance and the receipt for the payment of current premium.
Notwithstanding what is stated in the above clauses, all the floating crafts
including dredgers deployed in the operation should be insured under Marine Hull
Policy and covered for various Port risks including pollution and wreck removal
by a P & I Club which is a member of an International Group of P & I Club.
However, in the case of Indian Flag Vessel (s) including Indian Flag
Dredger(s), which are covered by Indian/National Insurance Company for wreck
removal and by P&I Club for third party liabilities, the insurance requirement as
detailed above will not be mandatory.
15. Force Majeure
15.1 In this Clause, "Force Majeure" means an exceptional event or circumstance:
Definition of Force
Majeure (a) which is beyond a Party's control,

(b) which such Party could not reasonably have provided against before entering
into the Contract,

(c) which, having arisen, such Party could not reasonably have avoided or
overcome, and

97
(d) which is not substantially attributable to the other Party.

Force Majeure may include, but is not limited to, exceptional events or
circumstances of the kind listed below, so long as conditions (a) to (d) above are
satisfied:
(i) war, hostilities (whether war be declared or not), invasion, act of foreign
enemies,

(ii) rebellion, terrorism, revolution, insurrection, military or usurped power,


or civil war,

(iii) riot, commotion, disorder, strike or lockout by persons other than the
Contractor's Personnel and other employees of the Contractor and Sub-
contractors,

(iv) munitions of war, explosive materials, ionising radiation or contamination


by radio-activity, except as may be attributable to the Contractor's use of
such munitions, explosives, radiation or radio-activity, and

(v) natural catastrophes such as earthquake, tsunami, hurricane, typhoon or


volcanic activity.
15.2 If a Party is or will be prevented from performing any of its obligations under the
Notice of Force Contract by Force Majeure, then it shall give notice to the other Party of the event
Majeure or circumstances constituting the Force Majeure and shall specify the obligations,
the performance of which is or will be prevented. The notice shall be given within
14 Days after the Party became aware, (or should have become aware), of the
relevant event or circumstance constituting Force Majeure.

The Party shall, having given notice, be excused performance of such obligations
for so long as such Force Majeure prevents it from performing them.

Notwithstanding any other provision of this Clause, Force Majeure shall not apply
to obligations of either Party to make payments to the other Party under the
Contract.

98
15.3 Each Party shall at all times use all reasonable endeavours to minimise any delay
Duty to Minimise in the performance of the Contract as a result of Force Majeure.
Delay
A Party shall give notice to the other Party when it ceases to be affected by the
Force Majeure.
15.4 If the Contractor is prevented from performing any of his obligations under the
Consequences of Contract by Force Majeure of which notice has been given under Sub-Clause 15.2
Force Majeure [Notice of Force Majeure], and suffers delay and/or incurs Cost by reason of such
Force Majeure, the Contractor shall be entitled subject to Sub-Clause
16.1[Contractor's Claims] to:

(a) an extension of time for any such delay, if completion is or will be delayed,
under Sub-Clause 6.4 [Extension of Time for Completion], and

(b) if the event or circumstance is of the kind described in sub para graphs (i) to
(v) of Sub-Clause 15.1 [Definition of Force Majeure]and, in the case of sub
paragraphs (ii) to (iv), occurs in the Country, payment of any such Cost.
After receiving this notice, the Engineer shall proceed in accordance with Sub-
Clause 3.4 [Determinations] to agree or determine these matters.
15.5 If any Sub-contractor is entitled under any Contract or agreement relating to the
Force Majeure Works to relief from Force Majeure on terms additional to or broader than those
Affecting specified in this Clause, such additional or broader Force Majeure events or
Subcontractor circumstances shall not excuse the Contractor’s non-performance or entitle him to
relief under this Clause.

15.6 If the execution of substantially all the Works in progress is prevented for a
Optional Termination, continuous period of 84 Days by reason of Force Majeure of which notice has
Payment and Release been given under Sub-Clause 15.2 [Notice of Force Majeure], or for multiple
periods which total more than 140 Days due to the same notified Force Majeure,
then either Party may give to the other Party a notice of termination of the
Contract. In this event, the termination shall take effect 7 Days after the notice is
given, and the Contractor shall proceed in accordance with Sub-Clause 12
[Cessation of Work and Removal of Contractor's Equipment].

99
Upon such termination, the Engineer shall determine the value of the work done
and issue a Payment Certificate which shall include:

(a) the amounts payable for any work carried out for which a price is stated in
the Contract;
(b) the Cost of Plant and Materials ordered for the Works which have been
delivered to the Contractor, or of which the Contractor is liable to accept
delivery: this Plant and Materials shall become the property of (and be at
the risk of) the Employer when paid for by the Employer, and the
Contractor shall place the same at the Employer's disposal;
(c) any other Cost or liability which in the circumstances was reasonably
incurred by the Contractor in the expectation of completing the Works;
and
(d) the Cost of removal of Temporary Works and Contractor's Equipment
from the Site and the return of these items to the Contractor's Works in
his country (or to any other destination at no greater Cost).

15.7 Notwithstanding any other provision of this Clause, if any event or circumstance
Release from outside the control of the Parties (including, but not limited to, Force Majeure)
Performance under arises which makes it impossible or unlawful for either or both Parties to fulfill its
the Law or their contractual obligations or which, under the law governing the Contract,
entitles the Parties to be released from further performance of the Contract, then
upon notice by either Party to the other Party of such event or circumstance:

(a) the Parties shall be discharged from further performance, without prejudice
to the rights of either Party in respect of any previous breach of the
Contract, and

(b) the sum payable by the Employer to the Contractor shall be the same as
would have been payable under Sub-Clause 15.6 [Optional Termination,
Payment and Release] if the Contract had been terminated under Sub-
Clause 15.6 [Optional Termination, Payment and Release].

100
16. Contractor’s Claims

16.1 If the Contractor considers himself to be entitled to any extension of the Time for
Contractor's Claims Completion and/or any additional payment, under any Clause of these Conditions
or otherwise in connection with the Contract, the Contractor shall give notice to
the Engineer, describing the event or circumstance giving rise to the claim. The
notice shall be given as soon as practicable, and not later than 28 Days after the
Contractor became aware; or should have become aware, of the event or
circumstance.

If the Contractor fails to give notice of a claim within such period of 28 Days, the
Time for Completion shall not be extended, the Contractor shall not be entitled to
additional payment, and the Employer shall be discharged from all liability in
connection with the claim. Otherwise, the following provisions of this Sub-Clause
shall apply.

The Contractor shall also submit any other notices which are required by the
Contract, and supporting particulars for the claim, all as relevant to such event or
circumstance.

The Contractor shall keep such contemporary records as may be necessary to


substantiate any claim, either on the Site or at another location acceptable to the
Engineer. Without admitting the Employer's liability, the Engineer may; after
receiving any notice under this Sub-Clause, monitor the record-keeping and/or
instruct the Contractor to keep further contemporary records. The Contractor shall
permit the Engineer to inspect all these records, and shall (if instructed) submit
copies to the Engineer.

Within 42 Days after the Contractor became aware (or should have become
aware) of the event or circumstance giving rise to the claim, or within such other
period as may be proposed by the Contractor and approved by the Engineer, the
Contractor shall send to the Engineer a fully detailed claim which includes full
supporting particulars of the basis of the claim and of the extension of time and/or
additional payment claimed. if the event or circumstance giving rise to the claim
has a continuing effect:

101
(a) this fully detailed claim shall be considered as interim;

(b) the Contractor shall send further interim claims at monthly intervals, giving
the accumulated delay and/or amount claimed, and such further particulars as
the Engineer may reasonably require; and

(c) the Contractor shall send a final claim within 28 Days after the end of the
effects resulting from the event or circumstance, or within such other period
as may be proposed by the Contractor and approved by the Engineer.

Within 42 Days after receiving a claim or any further particulars supporting a


previous claim, or within such other period as may be proposed by the Engineer
and approved by the Contractor, the Engineer shall respond with approval, or with
disapproval and detailed comments. He may also request any necessary further
particulars, but shall nevertheless give his response on the principles of the claim
within such time.

Each Payment Certificate shall include such amounts for any claim as have been
reasonably substantiated as due under the relevant provision of the Contract.
Unless and until the particulars supplied are sufficient to substantiate the whole of
the claim, the Contractor shall only be entitled to payment for such part of the
claim, as he has been able to substantiate.

The Engineer shall proceed in accordance with Sub-Clause 3.4 [Determinations]


to agree or determine (i) the extension (if any) of the Time for Completion (before
or after its expiry) in accordance with Sub-Clause 6.4 [Extension of Time for
Completion], and/or (ii) the additional payment (if any) to which the Contractor is
entitled under the Contract.

The requirements of this Sub-Clause are in addition to those of any other Sub-
Clause, which may apply to a claim. If the Contractor fails to comply with this or
another Sub-Clause in relation to any claim, any extension of time and/or
additional payment shall take account of the extent (if any) to which the failure
has prevented or prejudiced proper investigation of the claim, unless the claim is
excluded under the second paragraph of this Sub-Clause.

102
Refer Clause 2.38 [Settlement of Disputes & Arbitration] of Special Conditions
of Contract.

17. Property in All fossils, coins, articles of value or antiquity, and structures and other remains or
Excavated Materials items of geological or archaeological interest found during excavation / dredging
shall be placed under the care and authority of the Employer.

18. Drawings & General details of the Works are shown on the Drawings accompanying this Bid
Designs document.
19. Contract The Contractor shall have no right to any increase in the rates in the Schedule of
Supersedes Previous Quantities nor any other right whatsoever by reason of any representative
Documents explanation or Statement or alleged representative explanation or Statement made
or by reason of any information promise or guarantee given or alleged to have
been given to him by any person (whether in the employment of the Employer or
not) before the date of the Contract embodies the whole arrangements between the
parties with reference to the Contract hereby constituted and all previous,
correspondence/ negotiation/ representations/ explanations/ Statements/ promises
or guarantee whether oral or written shall be excluded.

20. Bribes and Any bribe, commission, gift or advantage given, promised or offered by or on
Commission behalf of the Contractor or his or their behalf to any officer, servant,
representative or agent of the Engineer or to any person on his behalf in relation to
the obtaining or to be execution of this or any other Contract with the Employer
shall in addition to any criminal liability which he may incur subject the
Contractor to the cancellation of this and all other Contracts with the Employer
and also to the payment of any loss or damage resulting from any such
cancellation, and the Employer shall be entitled to deduct the amounts so payable
from any money otherwise due to the Contractor under this or any other Contract.
Any question or disputes as to the commission of any offence under the present
clause shall be settled by the Engineer in such a manner and on such evidence or
information as he shall think fit and consider sufficient and his decision shall be
final and conclusive.
21. Idle Time No Idle time charges shall be payable on any account.

103
22. Service Tax Service tax shall be paid extra along with running account bill at the rate
prescribed by the Government from time to time on production of the relevant
documentary evidence.

23. Security Clearance Prequalification of bidders is subject to security clearance from Government, at
the discretion of Cochin Port Trust. The bids received from any tenderer may be
summarily rejected on National Security consideration without any intimation
thereof to the tenderer.

104
APPENDIX TO BID (1 of 2)

Sub-
Item Data
Clause
Employer’s Name and Address 1.1.2.2 Board of Trustees of Cochin Port Trust

(To be indicated after award of work)


Contractor’s Name and Address 1.1.2.3

Engineer’s Name and Address 1.1.2.4 THE CHIEF ENGINEER,


COCHIN PORT TRUST

Time of Completion of the Work 6.2 3 months

Defects liability 8 (Not applicable)

Electronic Transmission Systems 1.3 E-mail/Fax

Governing Law 1.4 Law of India

Ruling Language 1.4 English

Language for Communication 1.4 English

Time for Access to the Site 2.1 As detailed in the Letter of Acceptance

Amount of Performance Security 4.2 10% of the Accepted Contract Amount (in
Indian Rupees), through an irrevocable
Bank Guarantee, enforceable and
encashable at Kochi, drawn from any
Nationalised Bank / Scheduled Bank in
India which has net worth not less than
Rs.100 Crores and which is acceptable to
the EMPLOYER

Normal Working Hours 5.5 24 Hrs. / Day x 7 Days/ week

As per clause 2.31 [Liquidated damages for


Liquidated damages 6.2 delay in completion] of the Special
Conditions of Contract.

105
APPENDIX TO BID (2 of 2)
.
Sub-
Item Data
Clause
Total interest bearing Advance 10.2 10% of the Accepted Contract Amount
payment
Number and Timing of the 10.2 As requested by the Contractor
Installments

Minimum amount of Interim Payment 10.5 Not Applicable


Certificate
10.8 10% of value of each Running Account
Percentage of Security Deposit Bill

Limit of Security Deposit 10.8 10% of Contract Price

Currency of payment 10.14 In Indian Rupees

Periods for submission of Insurance:

a) evidence of insurance 14.1 60 Days

b) relevant policies 14.1 60 Days

106
V. TECHNICAL SPECIFICATIONS

Clause Description Page

1.0 PROJECT AND SITE INFORMATION 110


1.1 Location 110
2.0 PROJECT BACKGROUND 111
3.0 SITE INFORMATION 111
3.1 General 111
3.2 Analysis Report on Side Scan Sonar Studies 112
3.3 Geo-technical investigations – Borehole data 112
3.4 Bathymetry and Seabed Features 112
3.5 Meteorological Data 113
3.5.1 Wind 113
3.5.2 Cyclonic Storms and Depressions 113
3.5.3 Air Temperature 113
3.5.4 Relative Humidity 114
3.5.5 Rainfall 114
3.5.6 Visibility 114
3.6 Oceanographic Information 114
3.6.1 Waves 114
3.6.2 Tides 115
3.6.3 Currents 115
4.0 SCHEDULING OF WORK 115
4.1 General 115
4.2 Chart Datum 116
4.3 Tolerance 116
4.4 Method of Measurement 116
5.0 DISPOSAL TOLERANCES 116
6.0 SURVEYING 117

107
6.1General 117
6.2 Survey Launch, Echo Sounder and Differential Global Positioning 118
system (DGPS)
6.2.1. Survey Launch 118
6.2.2 Echo Sounder 118
6.2.3 Differential Global Positioning System (DGPS) 119
6.2.3.1 Composition of DGPS 119
6.2.3.2 Installation and Testing 119
6.2.3.3 Failure of DGPS 119
6.2.3.4 Giving Notice of any irregularities 119
6.3 Existing Survey Station / Control Points 119
6.4 Setting out works 119
7.0 HYDROGRAPHIC SURVEY 120
7.4 Calibration of Echo Sounder 120
7.5 Accuracy of Surveys 120
7.6 Sounding Survey Requirements 121
7.7 Sounding Lines, Grid Lines and Grid Points 121
7.8 Verification Lines 122
7.9 Digital recording and plotting 123
7.10 Drawings/sounding charts 123
8.0 FIELD BOOKS 124

9.0 PRE-DREDGING SURVEYS 124

10.0 INTERIM SURVEYS 124

11.0 SLOPE SURVEY 125

12.0 DUMPING AREA SURVEY 125

13.0 POST-DREDGING SURVEY 125

14.0 ADDITIONAL SURVEYS 125

108
15.0 PLANT AND EQUIPMENT 126

16.0 NAVIGATION 126


16.1 General 126
16.2 Channel Buoys and Navigational Lights 126
16.3 Minimum Interference with Navigation 126
16.4 Navigation Requirement 127

17.0 OIL SPILLAGE 127

18.0 DIVING 127

109
V. TECHNICAL SPECIFICATIONS

1.0 PROJECT AND SITE INFORMATION

1.1 Location

1.1.1 Cochin Port is one of the 13 major ports in India. It is an all weather port located in the State of
Kerala on the west coast of India (9o 58’ N, 76o 16’ E) within the Cochin lagoon, which has
natural protection from the sea by the headlands of Fort Cochin and Vypeen. The entrance to the
Port is through the sea outlet between the peninsular headland of Vypeen and Fort Cochin,
popularly known as the ‘Cochin Gut’.

1.1.2 The present Approach Channel comprises an Outer Channel and two Inner Channels; the
Ernakulum Channel including ICTT Basin and Mattancherry Channel.

Outer channel starting from No.10 buoy (0.00chainage) and towards sea up to (-) 17.40m contour
(about 13.0 km long), maintained for a varying width of 286/260m and depth of 15.95/16.70
/17.40 from the Harbour entrance towards channel mouth.

The portion of Ernakulum channel starting from No.10 buoy (0.00chainage) and leading and
reaching up to the eastern end of basin in front of the International Container Transhipment
Terminal is maintained for a depth of (-) 15.95m.

On the northern side of Ernakulum Channel, adjacent to the entrance, in the Port area at
Vallarpadam Island, the International Container Transhipment Terminal (ICTT) has been
constructed through a Build, Operate & Transfer (BOT) Licence Agreement entered into with
India Gateway Terminal Private Ltd., a subsidiary of Dubai Ports World, by the Cochin Port
Trust. As per the terms of this agreement, Cochin Port Trust is obliged to provide depth of (-)
15.95m in the basin in front of terminal as required for a 14.5m draft container vessel.

Beyond the portion mentioned above, Ernakulum Channel up to the southern end of Cochin Oil
Terminal (COT) and Rajiv Gandhi Container Terminal (RGCT), is maintained for a depth of (-)
13.2 m. The width of the channel varies from 200 m to 500m and the portion of Ernakulum
channel in front of Q5 to Q7 berths, is maintained for a depth of (-) 11.00 m.

110
The portion of Ernakulum channel in front of Fertilizer Berth and in front of North Tanker Berth
(NTB) and South Tanker Berth (STB), is maintained for a depth of (-) 11m and (-) 9.75 m
respectively.

Mattancherry channel taking off from the southern side of Ernakulum channel and reaching up to
the southern end of Boat Train Pier (BTP), is maintained for a depth of (-) 10.75 m.

Balance portion of Mattancherry channel beyond the southern end of BTP and reaching up to the
interface line of Q2 / Q1 berth of Mattancherry Wharf, is maintained for a depth of (-) 9.75 m.

2.0 PROJECT BACKGROUND

A BOT contract for the Development and Operation of the ICTT has been executed with M/s
India Gateway Terminal (IGT), a company incorporated by M/s Dubai Ports World, on 31/01/05.
As per the terms and conditions of the above License Agreement, IGT has designed and
constructed the berth in the ICTT for a minimum designed depth of 16m below the Port’s Chart
Datum, for accommodating 8000+TEU capacity container ships requiring 14.5m draft and the
Cochin Port would have to provide marine access for catering to the needs of 8000+ TEU
vessels.

The Phase-I of the ICTT has been partially commissioned on 11/02/2011 and the commercial
operations commenced on 18/02/2011.

3.0 SITE INFORMATION

3.1 General

3.1.1 The whole coastal area is characterized by formation of the coastal land forms, which are made
up of sand bars and barriers, sandy flats, mud flats and bars. The coastal plain is occupied by
quaternary and recent sediments consisting essentially of sands, sandy clays, clays and
carbonaceous clays.

3.1.2 The near shore area outside the Cochin Gut is relatively shallow reaching a water depth of 5 m at
a distance of about 2 km from the shore and gradually deepening to 10 m at a distance of about 6
km outside the Gut. The sea bottom is mainly soft mud up to several meters deep in the near
shore waters of Cochin.

111
3.1.3 The siltation in the Cochin Harbour area mainly takes place due to the deposition of the
sediments from sea, which are stirred up during the wave action and brought inside the lagoon
during the flood tide, whereas the siltation in the outer channel is mainly due to the phenomena
of littoral drift.

3.1.4 The location of the berth basin in front of the ICTT is on the northern side of the Ernakulum
channel.

3.2 Analysis Report on Side Scan Sonar Studies

No Side Scan studies have been conducted. The bidder may be permitted to conduct detailed
studies if the Bidder wish to do so at bidder’s cost with prior permission of the Employer.

3.3 Geo-technical Investigations- Bore Hole Data

The available Geo-technical investigation details of nearby area are given at Appendix – 1 to the
bid document. During Capital Dredging in the Basin, it was observed that the bed material
encountered is soft to firm grey silty clay/ fine sand/clayey sand with shells. There is no
indication of any sort of rock present in the basin area. There may be chances of encountering
decayed wood /coconut logs generally not weighing more than 200kg.

3.4 Bathymetry and Seabed Features

3.4.1 The seabed slopes gently in the offshore region and is about 1 in 500 to 600. The coast
experiences the littoral drift as anywhere else but there is a phenomenon of formation of the mud
banks. The mud banks are not stationary and have a tendency to move in the coastal region.

3.4.2. Bar formation at the entry of the port is a natural phenomenon and it takes place during the
southwest monsoon season. Hence, annual dredging is to be resorted to in order to keep the
necessary depths and widths in the navigational channel. Littoral drift takes place during both
the SW & NE monsoons as a result of which the channel experiences siltation. This effect gets
compounded when material from the mud banks find its way to the entrance channel during the
flood tides.

112
3.4.3 The indicative quantities of dredging work involved are calculated based on the sounding chart,
DRG.No.HS/D/37/11 dated 12.03.2011 Sheet No.1/1

3.4.4 Bidder, if he so desires is free to conduct Hydrographic Survey at his own cost with prior
permission of the Employer.

3.5 Meteorological Data

3.5.1 Wind

3.5.1.1 The wind speed and wind direction is determined by the season and by the daily temperature
differences between land and sea. The predominant wind direction during the SW monsoon
period ie, from June to September, is west to South-West and the effect of land breeze is not
dominant during this period.

3.5.1.2 During the non-monsoon periods, the predominant wind direction is from North-East during the
morning and West during the evening, which shows influence of land breeze.

3.5.1.3 The maximum wind speed observed was of the order of 112 kmph from WSW direction.

3.5.1.4 The estimated annual average wind rose is shown in Figure-1.

3.5.2 Cyclonic Storms and Depressions

Cochin lies beyond the cyclone belt and therefore the risk of cyclone is negligible.

3.5.3 Air Temperature

Temperature at Cochin varies from about 23º to 32.5º C. There are not much distinct seasonal
variations in the temperature, which is more or less uniform throughout the year. However,
highest temperatures tend to occur in the months of March to May. The low temperature occurs
during December and January.

113
3.5.4 Relative Humidity

The humidity is high throughout the year. From June to September, during monsoon, the
humidity ranges from 95 to 100%. From October to January it comes down to 50 to 70%. During
summer months of February to May average humidity is about 60%.

3.5.5 Rainfall

The maximum rainfall usually occurs during the SW monsoon period ie, from June to September.
The annual rainfall in the region varies between 2500 to 3500 mm.

3.5.6 Visibility

The visibility in the dredging area is excellent, except for few days during monsoon.

3.6 Oceanographic Information

3.6.1 Waves

3.6.1.1 Deep-water Waves

The wave climate is governed by the South West monsoon when wave action can be strong with
prevailing wave direction from North-West to South-West. Deep water (15m depth) wave
observation in the past indicate the significant wave heights of 4m, 2m and 1m at water depths of
10m, 5m and 2m respectively, the predominant wave direction being West.

3.6.1.2 Wave action inside the harbour is insignificant because of narrow entrance between Vypeen Gut
and Fort Cochin and the configuration of the land. Generally calm conditions prevail in the
harbour basin throughout the year except during the times of extreme wind action.

3.6.1.3 Wave Rose diagram (Period and Height) near Cochin Port is presented in Figure – 2.

114
3.6.2 Tides

Cochin experiences semi diurnal tides. The tidal levels as per Naval Hydrographic Chart No.
2004.
Highest High Water Level : +1.20
Mean High Water Spring (MHWS) : +0.92m
Mean Low Water Spring (MLWS) : +0.80m
Mean Sea Level (MSL) : +0.582m
Mean High Water Neap (MHWN) : +0.60m
Mean Low Water Neap (MLWN) : +0.30m
Lowest Low Water Level : +0.20m

3.6.3 Currents

3.6.3.1 The currents along the coast of Cochin consists of tide, wave and wind induced components.

3.6.3.2 The tidal flow inside harbour basin, towards south bifurcates and flows around Willingdon Island
giving rise to maximum current velocities both in Ernakulum and Mattancherry channels but
their magnitude is different at different locations inside harbour. In the shallow natural channels
on the northern side, velocities are low. While velocities during dry season follow a definite
pattern, monsoon brings in large amount of fresh water and this gives rise to highly stratified
conditions in the navigation channels. The distinct saline wedge which intrudes into channel was
shown to exhibit sharp reversal of velocities. As can be expected, peak velocities occur at the
Cochin Gut. As per observations, the maximum current velocities at the Cochin Gut during the
non-monsoon periods are of the order of 3 knots, which could increase to as high as 5.5 knots
during the monsoon periods. Inside the harbour the current velocities are low, of the order of 0.5
knots only, with directions varying at different locations. Maximum flood velocities during
monsoon were observed at the bottom due to density currents.

4.0 SCHEDULING OF WORK

4.1 General

Before commencement of dredging, the dredging plan will be prepared by the contractor in
consultation with the Deputy Conservator and Chief Engineer of the Port and the dredging will be

115
carried out as per this plan. It will be the sole responsibility of the contractor to plan the dredging
programme so as to attain the widths and depths in the berth basin as required in the scope of
work. However, during the course of dredging due to requirement of shipping or for any other
reasons if it is so required by the Dy. Conservator/Chief Engineer, the contractor shall undertake
dredging in any other area than previously planned, in the berth frontage as instructed and no
claim of any sort shall be made for deviating from the original dredging plan.

4.2 Chart Datum

Port’s Chart Datum is 0.582 m below Indian Mean Sea Level with reference to the tide gauge
established for the purpose.

4.3 Tolerance

No reduction in specified area and depth is permissible. However, Positive tolerance (increase in
specified area & depth) is allowed subject to limitations specified in Clause 2.4[Maximum
Permissible Dredged Depth] of Special Conditions of Contract.

4.4 Method of Measurement

The method of measurement for Capital Dredging is detailed separately in Clause No 2.30 [Bills
and Payments Schedules], of the Special Condition of Contract of this bid document.

5.0 DISPOSAL TOLERANCES

5.1 The contractor shall ensure that no dredged soil is dumped outside the limits of lesser depth
specified in the dumping grounds or the dumping area specified.

5.2 In case of dumping of dredged material by the contractor at unauthorised places and times, such
quantities so dumped and as assessed by the Engineer shall be removed by the contractor at his
cost and the same shall be dumped in the designated dumping ground. In addition, penal
recovery shall be made based on the hopper volume of material unauthorizedly dumped, the rate
applicable being 50% of the quoted Rate.

116
5.3 The Contractor shall mark the limits of the area(s) indicated with suitable buoys and shall carry
out the dumping as per the instruction of the Engineer.

6.0 SURVEYING

6.1 General

6.1.1 Minor Port Survey Organization (MPSO) shall be engaged for conducting all surveys with their
equipments and for certifying the depths.

6.1.2 Information to enable the Contractor to accurately define the boundaries of the dredging and
dumping areas are supplied on the Drawings. It shall be the Contractor's responsibility to erect and
maintain any visual or other marks at site required to accurately control the dredging and dumping
operations.

6.1.3 The Contractor shall provide all labour, materials, including sea worthy launch etc. and arrange
setting out works, taking of soundings, monitoring progress of surveying the areas of dredging and
dumping that the Employer’s representative may require at any time.

6.1.4 It shall be the responsibility of the Contractor to obtain all licences, permits and permissions for the
use of marine radios, walkie-talkies, radio positioning systems, satellite phones for the placing of
onshore, offshore and underwater beacons and marker buoys, and for giving the proper statutory
notices for all maritime operators. The costs of such licences, permits and notices are to be borne
by the Contractor, and shall be deemed to be covered in the rate quoted in the bid.

6.1.8 The contractor shall be notified by the Dy. Conservator / Engineer in advance of commencing any
survey work.

6.1.9 In the case of surveys, the Dy. Conservator shall be the final authority.

117
6.2 SURVEY LAUNCH, ECHO SOUNDER AND DIFFERENTIAL GLOBAL POSITIONING
SYSTEM (DGPS)

6.2.1 Survey launch

The survey launch employed for the work shall comply with the following requirements:

The contractor shall provide, maintain and operate with a skilled and efficient crew to the
satisfaction of the Deputy Conservator, an all weather sea worthy survey launch suitable for
surveying and site investigation work including handling gear during the currency of the contract.
The launch shall have the following requirements:

(i) Shall be of steel/FRP hull construction with a draught of around one metre.

(ii) It should have maximum speed of 10 knots with excellent control and
Maneuverability at low speeds (1 to 2knots)

(iii) It should have ample space to accommodate the survey and soil investigation equipment and
shall provide day accommodation for three men of the Employer’s staff, besides the normal
crew and Contractor’s own surveyors.

(iv) The launch shall be fitted with VHF facilities and provide radio communications between all
survey personnel.

(v) Minimum deck space of 3.0m x 5.0m, equipped with safety gear as per Indian Mercantile
Act shall be available.

(vi) The launch shall have adequate power back up for continuous operation of the equipment.

6.2.2 Echo Sounder

6.2.2.1 Dual frequency 200-210/33 kHz Echo Sounder/ equipment capable of logging data compatible
with computers apart from the facility of producing echo-charts shall be used for the survey.

118
6.2.3 Differential Global Positioning System (DGPS)
At the start of the each hydrographic survey, the DGPS will be calibrated to the specified
accuracy.

6.2.3.1 Composition of DGPS

The system shall consists of mobile station and Reference Station, receivers (one for each dredger
and one for each survey launch), the requisite number of shore stations, interfaces, track plotters,
data storage facilities and sufficient spares.

6.2.3.2 Installation and Testing

The system shall be installed, tested and set to work for continuous operation during all dredging
and survey operations.

6.3 Existing Survey Station / Control Points

6.3.1 Established survey station/ control points, exist in the area on land will be used for the survey. The
Contractor will be permitted to use these established survey marks for triangulation surveys,
Leveling surveys or for checking purpose under the following conditions.
(i) That no station is damaged.
(ii) That any mark, flag or equipment required by the Contractor shall be placed adjacent to
be directly above (if possible) the permanent mark in a position approved by the
Hydrographic Surveyor.

6.4 Setting out works

6.4.1 The setting out of boundaries and alignments of the basin under the contract shall be executed by
the Contractor in consultation with MPSO. All the surveys and connected activities shall be
executed in the presence of Employer’s Representative.

6.4.2 Setting out works shall be done by the MPSO on such dates as to permit timely commencement
of the work.

6.4.3 The Contractor shall be responsible for the accuracy of the setting out.

119
7.0 HYDROGRAPHIC SURVEY

7.1 Hydrographic Surveys shall be performed by using 200-210 KHz Echo-Sounder and DGPS both
with an accuracy which ensures that the requirements of the contract are achieved.

7.2 These surveys shall only be carried out if weather and sea conditions, condition of equipment and
methods of execution and interpretation are, in the opinion of the Deputy Conservator,
satisfactory for this purpose.

7.3 The position, whether determined by the electronic or optical methods, should be regularly
checked by reference to onshore transit marks at some point along the survey line.

7.4 Calibration of Echo Sounder

7.4.1 Echo sounder shall be checked and calibrated at least daily before and after use, by means of a
bar or plates suspended at known distances below the water surface as per the procedure
requirements of calibration. Checking shall be performed at the actual location of the survey and
in the presence of the Contractor’s and Port’s Representative. Adjustments to recordings/readings
taken shall be made accordingly. Records of bar or plate checks shall be retained at the start and
end of the echo sounder record for the day of survey. The Echo sounder shall maintain a
repeatable accuracy of better than 10 cms.

7.4.2 A calibration procedure (Path Test) shall be integrated with sub systems prior to actual survey.

7.5 Accuracy of Surveys

7.5.1 The Accuracy of Surveys in the horizontal plane, related to the relevant triangulations stations for
the projects shall be within 3.0m

The accuracy of surveys in the vertical plane includes:

(i) The echo sounder, used shall maintain a repeatable accuracy of better than 10cm for
measurement of distance between seabed and survey vessel waterline.

120
(ii) The registration of water levels by means of temporary tide gauges shall be within 5cm. The
water level plane between the tide gauges and the survey location can be assumed horizontal.

7.6 Sounding Survey Requirements

7.6.1 Sounding shall be taken to the nearest decimetre and reduced to the Port’s Chart Datum, which
is 0.582 m below Indian Mean Sea Level.

7.6.2 The echo sounder transducer shall be located as close as practicable to the centre line of the
survey vessel.

7.6.3 The hydrographic survey software shall have capability to pickup minimum three soundings in a
second in the sounding traverse and to produce the continuous record of the bed profile.

7.6.4 All values of the gain setting and adjustments thereto shall be noted on the echo chart for each
traverse.

7.6.5 The automated hydrographic survey software system shall store the recorded depths in digitized
format for subsequent automatic computer plotting. In this event fully annotated analogue (hard
copy) records shall be maintained. MPSO shall ensure this and handover this to the Hydrographic
Surveyor of the Cochin Port Trust.

7.7 Sounding Lines, Grid Lines and Grid Points

7.7.1 Sounding lines are lines along which the soundings are taken.

7.7.2 Grid lines are lines perpendicular to the sounding lines.

7.7.3 Grid points are the points of intersection of sounding lines and grid lines, where soundings are to
be taken for preparing the sounding charts.

7.7.4 The location of the sounding lines shall be fixed such that they are at an interval not more than
10m measured along the longitudinal directions of the basin. Grid lines shall be not more than
10m apart. A grid line shall be established along the design toe of each side slope and also near
the wharf/jetty frontage. Thus, the grid points on the cross section shall be at, close to but not

121
exceeding 10m interval. The Employer may at their discretion carry out survey much closer
interval to ascertain any leftover pinnacles.

7.7.5 An echo trace shall be obtained along each of the sounding lines.

7.7.6 The horizontal position of soundings shall be obtained at intervals not exceeding 10m along a
sounding line, and these locations shall be marked on the echo trace chart as fix marks. Fix marks
shall be obtained where a sounding line crosses the toe and the top of dredged side slope, where
practical. Intermediate soundings representing the shallowest depth in a length of not more than
10m shall be obtained by interpolation between fix marks.

7.7.7 The horizontal accuracy of each position fix shall be:


+ 3.0 m along the sounding line
+ 3.0 m perpendicular to the sounding line

7.7.8 Surveying along any sounding line, which deviates by more than the specified tolerances above
shall be repeated to the extent necessary to ensure that all fixes along the sounding line remain
within, specified tolerances. The repeated segment of the sounding line shall overlap that segment
of the previous sounding line, which complies with the specified tolerances, by a minimum of
10m.

7.7.9 Where sounding areas abut a previously surveyed section, of the works, the sounding lines shall
overlap the previously surveyed area by a minimum of 10m.

7.8 Verification Lines

7.8.1 MPSO shall ensure the following:

(i) In the pre- and post-dredging surveys, 10 percent of all sounding lines are to be known as
verification lines. Verification lines shall be representative of the whole of the area and of
the entire duration of the sounding sessions. Verification lines are to be sounded twice,
immediately following one another and preferably in opposite directions.

(ii) When the difference in vertical position at any common point along the two sea bed
profiles resulting from each verification line exceeds +100 mm, then the soundings

122
subsequent to the last successful verification shall be deemed unacceptable as pre- and
post-dredging soundings. In such a case, the lower value of the two soundings shall be
considered acceptable and accordingly corrections will be made to all soundings in the
entire representative areas of the verification line.

(iii) The Employer’s Representative may resort to check echo sounding by means of other
methods to measure water depths, such as sounding poles or lead lines. The Contractor
shall cooperate in this respect and supply any manpower and boats that may be
reasonably required for this verification.

7.9 Digital recording and plotting

7.9.1 MPSO shall ensure the following:

(i) Interpretation of echo rolls, reduction of sounded depths for tidal heights obtained from tide
gauges, Corrections for squat and wave motions (to be made using appropriate observed data
and /or compensating devises) shall be done to the satisfaction of the Hydrographic Surveyor.
Each fix on the echo rolls shall be annotated on the track plot chart of the survey vessel, and
interpreted data shall be plotted.

(ii) The design profile shall also be clearly marked on the echo sounding trace as well as on the
hydrographic survey software. The design profile shall be the specified minimum bed level
of the relevant section of works under survey.

7.10 Drawings/sounding charts

7.10.1 After each survey session, the MPSO alongwith the Employer’s /Contractor’s representatives
shall immediately prepare drawing on which the results of the survey shall be recorded, to a scale
of 1:2500 or as directed by the Dy. Conservator.

7.10.2 After verifying the results plotted on each drawing, MPSO, Deputy Conservator’s representatives,
Contractor’s representative shall put date and signature on each agreed drawing and submit these
to the Deputy Conservator for his approval and these shall form the basis for processing the
payment.

123
8.00 FIELD BOOKS

All Field books, calculations, maps, original records of survey tracks, run plots etc. of all survey
activities shall be kept in the office of the Hydrographic Surveyor and shall be available for the
Contractor’s Representative to scrutiny and checking for the duration of the contract.

9.0 PRE-DREDGING SURVEYS

9.1 For determination of the original bed level, before commencing dredging operations, a joint
survey of the bed is to be undertaken by the MPSO, Contractor’s representative and the
representative of the Employer.

9.2 All the dredging drawings shall be constructed on EVEREST or WGS84 in Universal Traverse
Mercator (UTM).

9.3 On completion of the survey, within 24 hours, survey charts and cross section showing the full
results of the survey shall be prepared. On completion and agreement of the contents of the
drawings, MPSO, Deputy Conservator’s representatives, Contractor’s representative shall put
date and signature on each agreed drawing and submit these to the Deputy Conservator for his
approval, which shall form the basis for all the further measurement of the works undertaken in
the course of the Contract.

10.0 INTERIM SURVEYS

10.1 Interim joint surveys shall also be carried out during the period of dredging Works at fortnightly
intervals. Soundings shall be taken under the same configuration and settings as used for pre-
dredging surveys.

10.2 If it is not possible to take the soundings in the basin using a high frequency echo-sounder of
about 200-210 KHz, arrangements shall be made to take soundings in this area using sounding
chain having lead weight of 2.5Kg and dimensions as shown in Figure No. 3. However, such
soundings will be taken only for verification purpose and not for computing quantities for
payment purpose.

124
11.0 SLOPE SURVEY
On completion of the development of the Basin, soundings of side slopes shall be taken at
intervals not exceeding 30m longitudinally and not exceeding 5m on the cross section
commencing from the edge of the channel (toe of slope) towards the bank for 200m or such
smaller distance as decided by the Engineer.

12.0 DUMPING AREA SURVEY

Prior to commencing and on completion of the work, a detailed joint survey shall be carried out
of the dumping area.

13.0 POST-DREDGING SURVEY

13.1 The post dredging survey equipment shall have the same configuration as used for Pre dredging
survey.

13.2 On completion of all required dredging Works, a post dredging final hydrographic survey will be
conducted by the MPSO jointly with Contractor’s representative and the representative of the
Employer on the same basis as specified for pre- dredging survey.

13.3 On completion of the survey, the MPSO alongwith the Employer’s /Contractor’s representatives
shall immediately prepare drawing on which the results of the survey shall be recorded, to a scale
of 1:2500 or as directed by the Dy. Conservator.

13.4 On completion and agreement on the contents of the drawings, the MPSO, the Contractor’s
representative, Deputy Conservator’s Representatives MPSO, Deputy Conservator’s
representatives, Contractor’s representative shall put date and signature on each agreed drawing
and submit these to the Deputy Conservator for his approval, which then acquire the status of
“Post Dredging Survey”.

14.0 ADDITIONAL SURVEYS

Additional surveys, if required shall be carried out as desired by the Employer. The Contractor
shall provide necessary assistance for the same.

125
15.0 PLANT AND EQUIPMENT

The Contractor shall arrange, mobilize and provide, all dredgers and other Plant, equipment and
accessories for the execution of the dredging work, for carrying out survey and all connected
works and demobilize the same on completion of the Work. No separate mobilisation and
demobilisation charges will be paid to the Contractor for the Plant and equipment deployed by
him for the satisfactory completion of the Work detailed in the Contract Work. The unit rate
quoted for the Work will squarely and totally include all the charges to be paid to the Contractor
by the Employer. The Contractor shall not change the type, number, size and make of dredgers
indicated in the contract without written approval of the Engineer. If any dredger/craft goes out
of order, the Contractor should arrange for replacement of the same with an equivalent capacity
suitable dredger/craft. This shall not relieve Contactor from obligations under other clauses of
Contract. No additional cost and time will be allowed.

16.0 NAVIGATION

16.1 General

The basin will be partially in use for operations of ICTT and it shall be kept free from the
equipment related to the dredging operations till specifically authorized by the Engineer.

16.2 Channel Buoys and Navigational Lights

The Employer shall, endeavor to provide and maintain all channel buoys and navigational lights.
However, in case of any failure, dredger/craft is expected to navigate and dredge on its Electronic
position fixing system and radar. No claim from the Contractor shall be entertained by the
Employer for failures to provide and maintain channel buoys and navigational lights etc., nor
shall the Contractor be entitled to any such compensation.

16.3 Minimum Interference with Navigation

The number of ship movement in the channel is more than 200 per month. Throughout the
Contract period, the Contractor shall ensure that the Work is carried out without causing any
obstruction to or interference with the normal traffic in the harbour. The Contractor’s craft and
personnel shall, at all times, adhere to the established rules of the Employer and comply with any

126
direction in respect of navigation in the harbour that may be issued from time to time by the
Employer. The Contractor shall also conform in every way, to the Employer’s requirements in
respect of marking, lighting and watching any structure, craft or equipment deployed in the
execution of Contract. It is the sole responsibility of the Contractor to maintain the channel free
for navigation during the entire period of Contract irrespective of the time/period in the year
during which the dredging operations have to be carried out. Contractor shall provide all
navigational equipments like Gyro-compass, Radar, Echo-sounder, V.H.F. etc. in good working
condition. Also, refer Clause 2.14 [Traffic] of Special Conditions of Contract.

16.4 Navigation Requirement

16.4.1 Dredging shall be organised so that dredger(s) and other Plant are so positioned as to allow the
normal passage of vessels to the satisfaction of the Harbour Master of the Employer.

16.4.2 Navigation signals, lights and warning markers shall be provided and maintained by the
Contractor on his floating plant, floating pipelines, anchors and any other equipment placed by
the Contractor to the satisfaction of the Harbour Master of the Employer. Floating pipeline, if
any, shall be controlled to ensure that it causes least obstruction to the movement of vessels.

16.4.3 The Contractor shall prior to the establishment of Plant on site notify the Harbour Master and the
Engineer of his proposed programme and methods. The Contractor shall be responsible for
providing the Harbour Master and Engineer with details of any changes to the programme and
methods approved by the Engineer.

17.0 OIL SPILLAGE

Oil spill response equipment shall be provided on the Site in sufficient quantity to cope with the
maximum fuel load of the dredging equipment and associated Plant.

18.0 DIVING

Should any diving work be carried out during the Contract, this shall be in accordance with the
rules and regulations of the Cochin Port Trust and Statutory Authorities. The Cost of this diving
works will be borne by the Contractor.
******

127
VI. SPECIAL CONDITIONS OF CONTRACT

Clause Description Page


1.0 GENERAL 132

2.0 THE WORK 132

2.1 Scope of Work 132

2.2 Nature of Work


133

2.3 Area to be dredged and depth to be achieved.


133

2.4 Maximum Permissible Dredged Depth


133

2.5 Side Slopes


134

2.6 Dredger(s) to be deployed


134

2.7 Dredging Programme


134

2.8 Disposal of dredged material.


135

2.9 Mobilisation and Demobilisation.


136

2.10 Water, fuel and other consumables for dredger/craft.


136

2.11 Berthing facilities for maintenance


136

2.12 Vessel Related Charges


136

2.13 Transit Ships


137

2.14 Traffic
137

128
2.15 Maintenance / Special repairs
137

2.16 Loss or damages to Port’s crafts/ personnel.


137

2.17 Working time


138

2.18 Departmental supervision 138


138
2.19 Transportation facilities

2.20 Dredge Area clear of natural/artificial under water obstructions.


138

2.21 Clearance of the Site on completion


139

2.22 Contractor’s office and personnel


139

2.23 Accident or injury to contractor’s workmen


140

2.24 Insurance against accident to workmen


140

2.25 Compliance with Statutes, Regulations etc.


141

2.26 Return of Labour


141

2.27 Dredging licence, Customs clearance etc.


141

2.28 Official secrets


141

2.29 Daily Dredging Report (DDR)


142

2.30 Bills & Payments schedules.


142

2.41 Liquidated damages for delay in completion


143

129
2.32 Insurance
144

2.33 Care of works


144

2.34 Indian Contract Act


144

2.35 Performance Security and Security Deposit


144

2.36 Advance payment


145

2.37 Sub-letting of contract


145

2.38 Dispute between the contractor and Employer


145

2.39 Governing Law 147

2.40 Safety, Security and protection of the environment 147

2.41 Reporting accidents.


147

2.42 Sample collection from dredgers


148
148
2.43 Failure of contractor

2.44 Provision for onboard training slots on dredgers for Indian


148
Trainees

2.45 Duties of the Engineer’s Representative


148
2.46 Engineer’s Authority to Delegate 148
2.47 Deployment of Staff by the Engineer 149
2.48 Variation Exceeding +/- 30% 149
3.0 THE SITE
3.1 General Site information. 150
4.0 SURVEYS AND LEVELS TO BE AGREED 150

130
5.0 SETTING OUT THE WORKS 150

6.0 ORDER OF WORKS 151

7.0 CO-ORDINATION AND INSPECTION OF WORKS 151

8.0 WORK IN MONSOON 151

9.0 CONTRACTOR'S WORKING AREA 152

10.0 OPERATIONS OF THE EMPLOYER AND OTHERS 152

11.0 PORT TRUST RULES 152

12.0 EXISTING SERVICES. 153

13.0 ENTRY ON PRIVATE OR OTHER PROPERTY 153

14.0 NOTICE OF OPERATIONS 153

15.0 SECURITY AND SAFETY 153

16.0 RETURNS AND DRAWINGS 154

17.0 POSSESSION PRIOR TO COMPLETION 154

18.0 COMPLETION DOCUMENTS 154

19.0 DISPUTE IN MODE OF MEASUREMENT 154

20.0 INCOME TAX 155

131
VI. SPECIAL CONDITIONS OF CONTRACT

1.0 GENERAL

1.1 Special Conditions shall be read in conjunction with the General Conditions of Contract,
Specifications, Drawings and any other document forming part of this Contract wherever the
context so requires.

1.2 Notwithstanding the Sub-division of the documents into these separate section and volume
every part of each shall be deemed to be supplementary to and complementary of every other
part and shall be read with and into the Contract so far as it may be practicable to do so.

1.3 Where any portion of the General Conditions of Contract is repugnant to or at variance with
any provision of the Special Conditions, the provisions of the Special Conditions shall be
deemed to over-ride the provisions of the General Conditions of Contract and shall to the
extent of such repugnancy of variations, prevail.

1.4 Where it is mentioned in the Specifications that the Contractor shall perform certain Work or
provide certain facilities, it is understood that the Contractor shall do so at his own Cost.

1.5 The materials, design and workmanship shall satisfy the relevant Indian Standard, the
Specification and conditioned herein referred to. Where the Specifications stipulate
requirement in addition to those contained in the Standard codes and Specifications, these
additional requirements shall also be satisfied.

2.0 THE WORK

2.1 Scope of Work

The scope of work involves “CAPITAL DREDGING OF BASIN IN FRONT OF


INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL (ICTT) AT
VALLARPADAM, COCHIN PORT ” by deploying appropriate type of dredgers like Trailing
Suction Hopper Dredger, Bucket Dredger, Grab Dredger, Back Hoe Dredger or Cutter Suction
Dredger, with arrangement for direct loading to hopper/ barge and disposing of dredged material

132
at designated dumping ground in outer sea at a distance of about 20 km away from the dredging
site.

2.2 Nature of Work

The works under the contract comprise dredging and conveying and disposing the dredged
material at specified dumping areas as detailed in Clause 2.8 [Disposal of Dredged Material], by
deploying suitable Dredger(s) of adequate capacity , and arranging survey works as stipulated
and other related works as detailed elsewhere in the bid document.

2.2.1 Contract period.

2.2.1.1 The issue of Letter of Acceptance is tentatively scheduled by first week of May 2011.

2.2.1.2. The contract period of dredging work shall be 3 months from the date of expiry of 30 days from
the date of issue of Letter of Acceptance.
2.2.1.3. In case of the bidder who has received the Letter of Intent, Contract period of dredging work shall
be from the date of expiry of 23 days from the date of issue of Letter of Acceptance.
2.2.1.4. The Contractor shall commence the execution of the Work not later than the date of expiry of 30
days from the date of issue of Letter of Acceptance. In case of the bidder who has received the
Letter of Intent, bidder shall commence the execution of the Work not later than the date of
expiry of 23 days from the date of issue of Letter of Acceptance.

2.3 Area to be dredged and depth to be achieved

2.3.1 Basin in front of ICTT to be dredged for a depth of (-) 15.95m is marked as A-B-C-D-E-F in the
drawing No. 9644-01 -2011 dated 05/04/2011.

2.3.2 The availability of specified depth on completion of work shall be evidenced by the soundings
taken on that date.

2.4 Maximum Permissible Dredged Depths

The maximum permissible dredged depth in ICTT basin shall be 16.25 m below Chart Datum. No
payment will be made for over dredging beyond this depth.

133
2.5 Side slopes

The work involves Capital Dredging for creation of basin in front of ICTT for providing depth as
required for 14.5 m draft container vessels. The Capital Dredging shall also cover the adjacent areas
for achieving side slopes within the specified limits. The deepening work shall be considered as
completed only if the side slopes of the Basin achieved beyond the line of specified minimum
width/dimensions are not steeper than 1 Vertical to 6 Horizontal.

The soundings of the side slopes shall be taken for a width of 200m or such smaller distance as
decided by the Deputy Conservator, for sides of the basin, beyond the boundary line of the area of
the basin, in which the specified depth is to be achieved. The soundings of side slopes are to be
taken at a longitudinal interval not exceeding 30m and on the cross section the intervals shall be not
more than 5m. Soundings of the side slopes shall be taken on completion of the work.

2.6 Dredger(s) to be deployed.

2.6.1 Dredger(s) deployed for the Work should have adequate capacity to achieve the required depth in
the basin as specified under clause 2.3 above.

2.6.2 The Contractor shall mobilize adequate number of dredgers of appropriate type and capacity for
executing the work and achieving the specified depth. It is expected that Contractors will deploy
dredger(s) to achieve daily removal of 35,000cu.m in hopper count and to ensure that the in-situ
production is minimum 22,000 cu.m.

2.6.3 Deployment of Water Injection Dredger for carrying out the Work is not allowed.

2.6.4 In case of breakdown of dredger(s), alternate dredger(s) has/have to be mobilized , without


affecting the programme of Work and without any additional expenditure to the Port. The
Contractor shall mobilize the alternate dredger(s) immediately, in case of break down without
waiting for an instruction from department so as to comply with above requirement.

2.7 Dredging Programme

2.7.1 Before commencement of dredging, the dredging programme will be prepared by the Contractor
in consultation with the Deputy Conservator and Engineer of the Port, matching with the Dredger
deployment schedule submitted by the Contractor and also considering that commercial
operations are being carried out at the terminal using the partially deepened basin. There are two

134
Zones as identified in the drawing as ABCD and CDEF, which has to be dredged to the specified
depth of (-) 15.95m. The programme shall be preferably such that the work in Zone ABCD
(Zone I) shall be completed initially. The work in the Zone CDEF (Zone II) shall be taken up
thereafter or carried out simultaneously. It shall be ensured that the actual dredger deployment
generally adhere to the Dredger deployment schedule contemplated at the time of the bid.
However, the performance of the dredging shall be continuously monitored and in case the
expected progress of Work is not achieved, the capacity of the dredgers shall be increased as
directed by the Engineer, at no extra Cost. Notwithstanding the above, it will be the sole
responsibility of the Contractor to plan the dredging programme, so as to achieve the depth in the
basin as specified at 2.3 above.

2.7.2 During the progress of dredging, due to requirement of shipping or for any other reasons, if it is
so required by the Dy. Conservator/ Engineer, the Contractor shall undertake dredging in any
other area than programmed earlier, in the basin as instructed and no claim of any sort shall be
made for deviating from the original dredging programme.

2.7.3 No claim shall also be entertained by the Port on account of delay due to shipping movements,
due to restriction by Indian Navy on account of firing exercise or for similar reasons.

2.8 Disposal of dredged material.

2.8.1 The dredged material shall be conveyed and disposed off in the specified dumping area as
detailed hereunder.

2.8.2 Two dumping areas are shown in the Key plan, one on south and the other on the north of
approach channel. These dumping areas are approximately 12.999 km (Bearing 295q57’16.8”)
and 11.797 km (Bearing 236q24’47.2’’) from No.1 and No.2 buoys respectively as shown in the
Drawing No. 9644-02-2011 dated 05-04-2011. The dredged material may be dumped
predominantly at the south dumping area and north-dumping area may be used only when there
are hindrances for accessing the southern dumping area. The material shall be dumped only
beyond the distances specified above and where depth of water is 20m or more, spreading evenly
over an area having a diameter of 3km as shown in the Drawing. The depth of water at the time
of dumping of each load shall also be entered in the Daily Dredging Reports.

2.8.3 Open dumping of dredged material from the Cutter Suction Dredger into the channels are not
preferred and it has to be conveyed and disposed off at the specified dumping area through
barges. However, a proposal of the bidder to have specialized arrangement for avoiding of

135
spreading of material into the channel, in such cases, Employer may permit the dumping at their
discretion on satisfaction of the proposal thereof.

2.9 Mobilisation and Demobilisation.

Maximum allowable period for mobilization of dredgers for commencement of work shall be
30 days from the date of issue of Letter of Acceptance. No separate mobilisation or
demobilisation charges shall be payable for the deployment of dredgers and the cost of
mobilisation and demobilisation charges of the dredgers deployed shall be included in the unit
rate quoted for the Works.

2.10 Water, fuel and other consumables for dredger/craft.

2.10.1 As there is scarcity of water, the Port will not be in a position to supply water to the dredgers
always. In such cases, the Contractor will have to make his own arrangements at his Cost.
However before doing so, clearance from the Dy. Conservator of the Port shall be obtained. The
rates for supply of fresh water by the Port will be as per the Scale of Rates applicable from time
to time.

2.10.2 Fuel, oils and other consumables required for the dredger(s) and other crafts shall be arranged by
the Contractor at his own Cost.

2.11 Berthing facilities for maintenance

For maintenance, repairs, bunkering etc. of Contractor’s floating crafts, the Employer will
provide suitable berthing facilities subject to availability free of Cost to the Contractor as and
when available/necessitated for a maximum period of 3 Days in a month per dredger. For the
period exceeding 3 Days, if any, per dredger the berth charges shall be to the account of the
Contractor at the prevailing rates in the Port. The Contractor can also avail the facility on
cumulative basis subject to availability of berth. .

2.12 Vessel Related charges

All vessel related charges including pilotage, tug, berth hire charges for dredgers will be to the
account of the Employer during the period of this contract including the demobilisation period of
two weeks except for the berth charges as per Clause 2.11 [Berthing facilities for maintenance]
above.

136
2.13 Transit Ships

The Contractor shall submit to the EMPLOYER every week a statement showing the proposal for
positioning and or mooring his Equipment and crafts during the ensuing week and finalise the
programme of dredging in consultation with the Dy. Conservator. The programme of dredging
thus finalized shall be binding on the Contractor.

2.14 Traffic

2.14.1 Cochin Port is an operational Port and it is to use the navigational channel for the vessels
movement. When the dredging is undertaken in the basin, there will be normal vessel movement
in the adjacent channel and also in the partially commissioned berth length of ICTT on the
western side. Hence, care shall be taken to carryout the work without any hindrance to the above
vessel movement during the progress of work. No claim towards any delay on this account shall
be entertained by the Port.

2.14.2 The Contractor shall at all times observe and comply with all Laws including regulations that are
relating to the navigation manoeuvring, and anchorage of his floating craft being used throughout
the Works and shall get their craft within the Port limits or at the Work Site. The Contractor shall
comply with the instructions given by the Employer in this regard. The Contractor shall carry out
his Works strictly in such a manner, which would not obstruct or endanger the normal use of the
channels, anchor areas, wharves and approaches thereto. The priority of navigation within Port
limits will be always at discretion of the Employer. The Employer shall not be responsible for any
inconvenience, losses or delays to the Contractor arising due to the priority not being given to
their floating craft for moving about within Port limits as per decision of the Employer.

2.15 Maintenance / Special repairs

No compensation will be paid to the Contractor by the Employer for the time utilized for routine
maintenance and special repairs due to break down etc. of the dredgers and other crafts.

2.16 Loss or damages to Port’s crafts/ personnel.

The Contractor will be responsible for any collision/damage to craft/Plant/equipment such as


fenders, cranes, mooring buoys etc. of the Employer / Employer’s Licensor and for any
injury/accident to any of the Employer’s Personnel deployed directly or indirectly for the Work
and Contractor shall keep the Employer indemnified against all such damages and

137
injuries/accidents. This is applicable for the personnel during the course of his duty from the time
of boarding the boat provided by the Contractors for transit to the dredger(s) and till the time of
disembarkation from the boat. If the Contractor fails to indemnify the Employer for any losses,
the same shall be adjusted from any money or monies due to the Contractor under the terms of
this Agreement.

2.17 Working time

The Contractor is free to Work throughout Day and night and even on holidays.

2.18 Departmental supervision

The expense towards Employer’s supervision shall be borne by the EMPLOYER. Essential
facilities like boarding and accommodation etc. on board the dredger and boat transport for Pilot
shall be provided by the Contractor at his Cost. Port officers like Asst. Engineer,
Asst.Exe. Engineer, Exe.Engineer, Superintending Engineer, Dy. Chief Engineer, Chief Engineer,
Deputy Conservator, etc., may make occasional visit on board the dredger as desired by them.
The EMPLOYER may also send on board EMPLOYER’s Engineer(s)/Surveyor(s) for witnessing
the dredging and dumping by the dredgers. Essential facilities like boarding, accommodation etc.
shall be provided by the Contractor at no extra Cost for the above personnel of the EMPLOYER.
Maximum two representatives of the Employer may stay on board at a time apart from the Pilot.

2.19 Transportation facilities

The Contractor shall provide a suitable seaworthy motor boat/launch with crew free of cost on
24 hours basis including Sundays and holidays throughout the currency of the works to CoPT
officials for commuting to the dredger as well as to the ancillary services during the dredging
works. The boat/Launch so supplied shall be presented for inspection and approval by the
Engineer/Dy. Conservator.

2.20 Dredge Area clear of natural/artificial under water obstructions.

2.20.1 To the best of the knowledge of the Employer, there are no major artificial or uncharted
obstructions existing in the form of sunken wrecks of ships or Plants in the area to be dredged.
However, if any obstructions like sunken buoys, barges or pontoons, small anchors, steel plates,
angles, boulders, concrete pieces upto a size of 3m x 2m /2 tonnes are encountered these shall be
removed by the contractor at his own risk and no claim whatsoever on this account will be

138
entertained by the employer. The contractor is not entitled to an extension of time or an
adjustment of contract price for such obstructions to be removed or can be removed by the
dredging equipment. The Employer’s decision in this regard shall be final and binding on the
contractor.

2.20.2 During the dredging operation, any damage occurring to the Contractor’s dredger, equipments
and floating crafts due to artificial uncharted obstructions shall be covered and compensated
through the Marine Insurance Policy and P & I cover only. However, the amount deductible
service shall be reimbursed by the Employer.

2.21 Clearance of the Site on completion

On completion of the Work, the Contractor shall clear away and remove from Port, the dredger,
other Plants, materials etc. and Temporary Works of every kind. The Contractor shall also
forthwith dispatch, raise and remove any Plant (floating or otherwise) belonging to him or to any
person employed by him which might have sunk in the course of the Work or otherwise deal with
the same as directed by the Engineer and until the same is raised and removed, the Contractor
shall set on such buoys and display at night such lights, for the safe navigation as may be required
by the Port Trust. In the event of the Contractor not carrying out the obligation imposed upon him
by this Clause, the Engineer shall raise and remove the same (without prejudice to the right of the
Employer to hold the contractor liable) and the Contractor shall pay to the Employer all costs
incurred in connection therewith or the same shall be adjusted from any money (ies) due to the
Contractor under the terms of this Agreement. The fact that the sunken vessel/craft or plant is
insured or has been declared a total loss, shall not absolve the Contractor from his obligation
under this Clause, to raise or remove the same.

2.22 Contractor’s office and personnel

2.22.1 The Contractor shall provide and maintain a suitable office at Kochi to which the EMPLOYER or
its representatives may send communications and instructions. Contractor has to appoint a single
person as the Contractor’s Representative and shall give him all authority necessary to act on the
Contractor's behalf under the Contract and for liaisoning with the EMPLOYER. He shall receive,
on behalf of the Contractors, directions, instructions or other notices from the EMPLOYER. The
EMPLOYER shall be at liberty to object and require the Contractor to remove forthwith from the
Works any person including Dredger Commander, Engineer or Dredge Master provided by the
Contractor who, in the opinion of the EMPLOYER misconducts himself, or is incompetent or

139
negligent in the proper performance of his duties or whose presence on board the
dredger is otherwise considered by the EMPLOYER to be undesirable or impedes the
progress of the Work and such person shall not be again allowed upon the Works without the
consent of the EMPLOYER. Any person so removed shall be replaced with suitable person as
soon as possible.
2.22.2 The contractor’s representative shall always be available at site. In case of temporary charge as per
clause 4.3 of General Conditions of Contract (Contractor’s Representative), this shall not be for
more than 5 days continuously and such charge shall not be for more than a total of 14 days in a
month.
2.22.3 The Contractor shall appoint an experienced PROJECT MANAGER with minimum qualification
as Graduate in Civil Engineering with 10 years experience/Dredge Master with 10 years
experience, for monitoring and reporting on the day-to-day activities to the Engineer in charge.

2.22.4 If the Project Manager is not available at site for more than 3 days continuously or if he is not
available for a total of 10 days in a month, an amount of Rupees three lakhs per month will be
deducted for such absence from the Running Account Bills/payment due to the contractor.

2.23 Accident or injury to contractor’s workmen

The EMPLOYER shall not be liable for, or in respect of, any damages or compensation payable
at Law in respect or in consequence of any accident or injury to any workmen or other person in
the employment of the Contractor or any Sub-contractor save and except an accident or injury
resulting from any default of the EMPLOYER, his agents or servants and the Contractor shall
indemnify and keep the EMPLOYER indemnified against all such damages and compensation
and against all claims, demands, proceedings, Costs, charges and expenses whatsoever in respect
thereof or in relation thereto.

2.24 Insurance against accident to workmen

The Contractor shall insure against such liability and shall continue such insurance during the
whole of the time that any persons are employed by him on the Works. Provided that, in respect
of any persons employed by any Sub-contractor, the Contractor’s obligations to insure as
aforesaid under this Sub-clause shall be satisfied if the Sub-contractor shall have insured against
the liability in respect of such persons in such manner that the EMPLOYER is indemnified under
the policy, but the Contractor shall require such Sub-contractor to produce before the
EMPLOYER, such policy of insurance and the receipt for the payment of current premium.

140
2.25 Compliance with Statutes, Regulations etc.

The Contractor shall conform in all respects with the provisions of any such Statute, Ordinance or
Law as aforesaid and the Regulations or Bye-laws of any local or other duly constituted authority
which may be applicable to the Work or to any Temporary Work and with such rules and
regulations of public bodies and Companies as aforesaid and shall keep the EMPLOYER
indemnified against all penalties and liability of every kind for breach of any such Statute,
Ordinance or Law, Regulation or Bye-laws.

2.26 Return of Labour

The Contractor shall deliver to the EMPLOYER or at the office of EMPLOYER a return in detail
in such form and at such intervals as may be prescribed showing the staff on board the dredger
and the names with age of the other staff from time-to-time employed by the Contractor ashore
for the purpose of issuing dock entry permit.

2.27 Dredging licence, Customs clearance etc.

The Contractor should obtain necessary licences from the D.G.Shipping. The EMPLOYER shall
not be responsible to the Contractor where clearance is required by the customs for bringing the
dredger and other Plants and materials and other things required. However, any documentary
assistance to obtain such clearance will be rendered without any financial commitment.

2.28 Official secrets

2.28.1 The Contract involves an obligation of secrecy and the Contractor, his agents, servants or Sub-
contractor or their agents or servants shall observe and comply with the requirements of the
Indian Official Secrets Act 1923, and the rules there under or any statutory modifications or
reenactments thereof. Any breach of this clause shall constitute a breach of the Contract.

2.28.2 The Contractor shall not disclose to anybody the details of Drawings and sounding charts
prepared by him and of the Work on which it is engaged without the approval of the
EMPLOYER. No photographs of the Port area shall be taken or permitted by the Contractor to be
taken by any of his employees without the approval of the competent authority and no such
photographs shall be published, or otherwise circulated without the approval of the EMPLOYER.

141
2.29 Daily Dredging Report (DDR)

2.29.1 Dredging is to be undertaken in accordance with the Drawings and as directed.

2.29.2 The Contractor shall supply to the Engineer, DDR signed jointly by the representatives of the
Employer and the Contractor in duplicate.

2.29.3 DDRs shall contain:

(i) track record of the dredger viz. position, time and the track and the location from where
the dredger/barges took various loads.
(ii) Time of dumping and depth of water at dumping area.

2.29.4 The Contractor shall submit the DDR to the representative of the Engineer on the next Day in his
office.

2.30 Bills & Payments schedules.

2.30.1. The payment for the Work done during a month which will fall due on the 1st Day of next month
will be released early next month after approval of sounding charts by the Dy. Conservator.

2.30.2 The bill for payment shall be prepared based on the approved sounding charts and as per the
Contract conditions. Bills shall be presented by the Contractor every month based on differential
sounding alongwith detailed quantity calculations. Based on the agreed Pre-dredging soundings
taken before commencing the work and the sounding taken for the month, the quantity of Capital
Dredging achieved during the month shall be calculated. The bills presented by the Contractor not
fulfilling the above conditions will be rejected. 75% of the bill amount which is qualified for
payment will be paid as advance within 10 Days of presentation of the bill, if so requested by the
Contractor and the balance within 21 Days of presentation of the bill. Recoveries if any for the
services rendered by the EMPLOYER will be made from the advance payment released to the
Contractor. Any delay in release of the above advance shall not be considered as delayed payment
attracting financial charges.

2.30.3 During the progress of capital dredging work, interim payment will be made on monthly basis for
the actual quantity of capital dredging work done. The quantity shall be assessed on the basis of
agreed pre-dredging sounding and last joint monthly sounding taken during the month, limited to
the depth specified to be made available in the Basin on completion of the work. The rate payable

142
for the interim payment shall be worked out based on the unit rate quoted for the item in the
schedule of Quantities.

2.30.4 There are two zones as identified in the drawing to be dredged to the specified depth of
(-) 15.95m. After attaining specified depth the work in the Zone shall be treated as completed and
will be taken over by the Employer. After taking over, maintenance of the achieved depth will not
be the responsibility of the Contractor. The removal of siltation during the execution of the work
shall be the responsibility of the Contractor.

2.30.5 On the date of expiry of the Contract Period, the Contractor shall hand over the basin with the
specified depth of (-) 15.95m.

2.31 Liquidated damages for delay in completion

In the event of failure by the contractor to complete the execution of the work within the time
stipulated in the contract, or within the period of extension if any, granted by the
Employer in terms thereof, the contractor shall pay to the Employer as liquidated damages for
each day's delay in completing the work inclusive of Sundays and holidays and not as penalty
a sum of Rs. 10 lakhs. The Employer shall have power to deduct this amount from any
payment due or which may thereafter become due to the contractor or from any amount
lying with them or under their control. No alteration which may be made in the scope
of the work or specification shall be a ground or an excuse for not completing the work
within stipulated time not prevent the deductions of the said liquidated damages unless an
extension of time for completing the work shall be allowed by the Employer in writing
when ordering alterations. The payment or deduction of such damages shall not relieve
the contractor from his obligations to complete the works or from any other of his
obligations and liabilities under this contract.

2.32 Insurance

The Contractor shall insure dredger and other supporting crafts / equipments deployed for the
Work against normal marine risks. The dredger should also have Protection and Indemnity (P&I)
or such cover, which shall include salvage of said dredger in case she is sunk within the Port
limits and is required to be salvaged by the EMPLOYER. The Contractor should indemnify the
Port of all losses, which may occur due to blockage of channel caused by damage to or sinking or
due to any such happening to the dredger and other vessels deployed by the Contractor. He shall
also indemnify the EMPLOYER for any claims against the Port or its officers arising out of any

143
accident, failure or negligence on his part. The Employer shall not be liable for or in respect of
any demand or compensation payable under Law or orders of court in respect of or in
consequence of any accident, death or injury due to the above and the Contractor shall indemnify
and keep the Employer indemnified against all such damages and compensation and against all
claims, damages, proceedings, Costs, charges and expenses whatsoever in respect thereof and in
relation thereto. Should the EMPLOYER have to pay any money in respect of such claims or
demands as aforesaid, the amount so paid and the Cost incurred by the EMPLOYER shall be paid
by the Contractor and the Contractor shall not be at liberty to dispute or question the right of the
EMPLOYER to make such payments notwithstanding, the same may have been paid without the
consent of the Contractor.

2.33 Care of works

From the commencement to the completion of the Work, the Contractor shall take full
responsibility for the care of dredger, its staff and his other employees in connection with the
Work thereof and in case any damage, loss or injury shall happen to the Works or any part thereof
or to any Temporary Work from any cause whatsoever, he shall at his own Cost repair and make
good the same so that the Work shall be completed in good order and in conformity in every
respect with requirement of the Contract. In the event of any such damage, loss or injury
happening from any of the excepted risks, the Contractor shall if and to the extent required by the
Engineer, make good the same as aforesaid and it will be to the account of the EMPLOYER.

2.34 Indian Contract Act

The Contract shall be governed by the Indian Contract Act and all payments due to the Contractor
under the Contract will be made IN INDIAN RUPEES ONLY.

2.35 Performance Security and Security Deposit

2.35.1 The value of the performance Security shall be 10% of Accepted Contract Amount and shall be
valid upto 30 days beyond the contract period.

2.35.2 The Performance Security and Security Deposit shall be released after 30 Days of expiry of the
Contract period subject to the conditions regarding Performance Security and Security Deposit as
stated in sub clause 4.2 of General Conditions of Contract.

144
2.36 Advance payment

2.36.1 Interest bearing advance with interest at the rate of 12.50% per annum can be availed by the
Contractor against Bank Guarantee to be executed as per proforma at Annexure - 12 to the bid
document for an amount of 10% more than the advance amount as detailed under Cl.10.2
[Advance Payment] of General Conditions of Contract

2.36.2 The advance amount released shall not be more than 10% of the Accepted Contract Amount and
shall be recovered from each monthly bill on pro rata basis.

2.37 Sub-letting of Contract

2.37.1 The Contractor shall not sub-let any portion of the Contract without the prior written approval of
the Engineer. The Contractor shall be responsible for all or any of the acts of commission or
omission of Sub-contractor who may carry out any Work or supply any material in connection with
the Contract whether such Sub-contractor is selected by the Engineer or by the Contractor.

2.37.2. The Contractor shall make good any loss or damage suffered by the EMPLOYER due to any
default, neglect or failure on the part of such Sub-contractor in relation to such Work or material.

2.38 Dispute between the contractor and Employer

(i) Arbitrators

All disputes between the parties shall be settled by Arbitration under the Arbitration and
Conciliation Act 1996. The Arbitration shall be by a panel of three Arbitrators, one to be appointed
by each Party and the third to be appointed by the two Arbitrators appointed by the Parties. A Party
requiring Arbitration shall appoint an Arbitrator in writing, inform the other Party about such
appointment and call upon the other Party to appoint its Arbitrator. If the other Party fails to
appoint its Arbitrator, the Party appointing Arbitrator shall take steps in accordance with
Arbitration and Conciliation Act, 1996.

It is term of this contract that only questions and disputes as were raised during the execution of the
work till its completion and not thereafter shall be referred to arbitration.

145
(ii) Place of Arbitration

The place of Arbitration shall be Kochi.

(iii) Language

The request for Arbitration, the answer to the request, the terms of reference, any written
submissions, any orders and rulings shall be in English and, if oral hearings take place, English
shall be the language to be used in the hearings.

(iv) Procedure

(a) The arbitration proceedings under this clause and the rule of evidence, which are to
apply, shall be in accordance with the provisions of the Arbitration and Conciliation Act,
1996 (26 of 1996) or any statutory modifications or re-enactment thereof and the rules
made there under and for the time being in force.

(b) It is a term of this Contract that the party invoking arbitration shall give a list of disputes
with amounts claimed in respect of each such dispute along with the notice for
appointment of arbitrator.

(c ) It is also a term of this Contract that if the Contractor does not make any demand for
appointment of arbitrator in respect of any place in writing as aforesaid within 120 Days
of receiving the intimation from the Engineer that the final bill is ready for payment,
claim of the Contractor shall be deemed to have been waived and absolutely barred and
the EMPLOYER shall be discharged and released of all liabilities under the contract in
respect of these claims.

(d) It is also a term of this Contract that the arbitrator shall give separate award against each
dispute and claim referred to him and in all cases where the total amount of the claims by
any party exceeds Rs.1,00,000/-, the arbitrator shall give reasons for the award.

(e) It is also a term of this contract that in case interest is allowed on arbitration amount it
shall be limited to PLR + 2%.

146
(v) Fees and Expenses

The fees and expenses of the Arbitrators and all other expenses of the Arbitration shall be equally
shared by the Parties.

(vi) Performance during Arbitration

Pending the submission of and/ or final decision on a dispute, difference or claim or until the
Arbitral Award is published; the Parties shall continue to perform all of their obligations under
this Agreement, without prejudice to a final settlement in accordance with such Award.

2.39 Governing Law

The Contract shall be interpreted and have effect in accordance with the Law of India and no suit
or other proceedings relating to this Contract shall be filed or taken by the Contactor in any court
of law except in the court of competent jurisdiction in Kochi.

2.40 Safety, Security and protection of the environment

The Contractor shall, throughout the Contract period,

a) have full regard for the safety of all persons entitled to be upon the Site and keep the
Site (so far as the same is under his control) and the Work (so far as the same is
completed or occupied by the Employer) in orderly state appropriated to the avoidance
of danger to such persons.

b) and take all reasonable steps to protect the environment on and off the Site and to avoid
damage or nuisance to persons or to property of the public or others resulting from
pollution, noise, or other causes arising as a consequence to his method of operation.

2.41 Reporting accidents

The Contractor shall report to the Dy. Conservator details of any accidents as soon as possible
after its occurrence. In the case of any fatality or serious accident, the Contractor shall in addition,
notify the local police authorities immediately by available means.

147
2.42 Sample collection from dredgers.

Samples of the mixture in the hopper if required by the Engineer are to be collected and handed
over in suitable plastic containers by the Contractor at his Cost for the purpose of testing. Sample
shall be collected in the presence of Engineer’s representative. If the Contractor fails to collect
samples and hand over, a lump sum amount will be recovered from the Contractor and the same
amount will be decided by the Engineer. The decision of Engineer in this regard shall be final and
binding.

2.43 Failure of Contractor

2.43.1 If the Contractor abandons the Contract or fail to commence the Work (without valid reasons
acceptable to the Port) or suspends progress of Work for long duration (5 Days) before initially
achieving the stipulated depth in the basin, the Employer may after giving 7 Days notice in writing
to the Contractor, carry out the remaining Work in full or part as deemed necessary at the Cost and
risk of the Contractor.

2.43.2 If the contractor suspends the work unilaterally without any valid reason acceptable to the Port,
penalty at the rate of Rs. 10,00,000 per day, for the first five days and Rs. 20,00,000/day for the
next seven days will be recovered from the contractor .

2.44 Provision for onboard training slots on dredgers for Indian Trainees

The Contractor has to provide one berth on each dredger for Indian dredge trainees with facilities
like boarding, accommodation and training at Contractor’s own expense, as directed by the
Engineer, if required as per the guidelines of Director General of Shipping.

2.45 Duties of the Engineer’s Representative

The Engineer’s Representative is a person appointed by the Engineer. The Engineer’s


Representative is responsible to the Engineer and shall carryout such duties and exercise such
authority as may be delegated to the Engineer’s Representative by the Engineer.

2.46 Engineer’s Authority to Delegate

The Engineer may from time to time delegate to the Engineer’s Representative any of the duties
and authorities vested in the Engineer and he may at any time revoke such delegation. Any such
delegation or revocation shall be in writing. Any communication given by the Engineer’s

148
Representative to the Contractor in accordance with such delegation shall have the same effect
provided that:

(a) any failure of the Engineer’s Representative to disapprove any Work, materials or Plant shall
not prejudice the authority of the Engineer to disapprove such Work, materials or Plant and
to give instructions for the rectification thereof;

(b) if the Contractor questions any communication of the Engineer’s Representative, he may
refer the matter to the Engineer who shall confirm, reverse or vary the contents of such
communication.

2.47 Deployment of Staff by the Engineer

The Engineer shall deploy any number of persons in carrying out duties. Such persons have the
authority to carry out their duties, acceptance of materials, verifications of Drawings, checking
the surveys, quantities of dredging, checking the locations of disposals of dredged material, plant
or workmanship as being in accordance with the Contract, and any instructions given by any of
them to the Contractor for those purposes shall be deemed to have been given by the Engineer’s
Representative on behalf of the Engineer.

2.48 Variation Exceeding +/- 30%:

If on certified completion of the whole of the works, it shall be found that a reduction or
increase greater than 30 per cent of the sum named in the Letter of Acceptance results
from :

a) The Aggregate effect of all variation orders and

b) All adjustments upon measurement of estimated quantities set out in the


Schedule of Quantities,

but not from any other cause the amount of the Contract Price shall be adjusted by such sum as
may be agreed between the contractor and the Employer or failing agreement, fixed by the
Employer having regard to all material, and relevant factors, including the contractor's site and
general overhead costs of the Contract.

149
3.0 THE SITE

3.1 General Site information.

Refer Clause No.3.0 [SITE INFORMATION] of Technical Specification

4.0 SURVEYS AND LEVELS TO BE AGREED

4.1 Before the Works of any part thereof begun, the MPSO alongwith Contractor's Representative
and the Employer’s Representative shall together survey and take levels of the Site of the Works
both above and below water level / Chart Datum level, and agree all particulars on which the
measurements of the Works are to be based. Such particulars shall be plotted by the MPSO and
after agreement, the Drawings shall be signed by the MPSO, Contractor/ Contractor's
Representative, Deputy Conservator’s Representatives and shall be submitted to the Deputy
Conservator for his approval.

4.2 All fortnightly surveys charts shall also be plotted by the MPSO and after Agreement, the
Drawings shall be signed by the Contractor/ Contractor’s Representative, Deputy Conservator’s
Representatives and shall be submitted to the Deputy Conservator for his approval.

4.3 The Contractor shall be entirely responsible for the horizontal and vertical alignment, the levels
and correctness of every part of the Work and shall rectify any errors or imperfection therein.
Such rectification shall be carried out by the Contractor, at his own Cost.

5.0 SETTING OUT THE WORKS

5.1 The Employer shall furnish the relevant existing grid points with bench Mark with reference to
Cochin Port Chart Datum. It shall be Contractor's responsibility to the set out the necessary
central points on land and to set out alignment. The Contractor shall have in his employee’s
efficient survey team for this purpose and the accuracy of such setting out Works shall be
Contractor's sole responsibility.

5.2 Before beginning the Work MPSO shall Work out the control points on ground which are pre
requisite for carrying out hydrographic surveys, accurately, with suitable markers as approved by

150
the Deputy Conservator’s Representative. All these points and markings shall be checked and
accepted by the Contractor’s Representative before starting the Work.

5.3 Work shall be suspended for such times as necessary for checking lines and levels on any part of
the Works.

5.6 The Contractor shall at his own expense provide all assistance, which the MPSO/Employer may
require for checking the setting out.

6.0 ORDER OF WORKS

The order in which the Works are to be carried out shall be to the approval of the Engineer and
shall be such as to suit the detailed method of dredging adopted by the Contractor as well as the
CPM schedule.

7.0 CO-ORDINATION AND INSPECTION OF WORKS

The Co-ordination and inspection of the day-to-day Work under the Contract shall be the
responsibility of the Engineer. The written instructions regarding any particular Work will be
normally passed by the Engineer. A Work/Site order book will be maintained by the Contractor
for each sector in which aforesaid written instructions will be entered. These will be signed by the
Contractor or his authorized representative by way of acknowledgment within 12 hours.

8.0 WORK IN MONSOON

The execution of the Work entails working in the monsoon period. The Contractor must maintain
sufficient equipment, Plant and labour force as may be required for the Work and execute the
dredging & render assistance for surveying according to the prescribed schedule. It is preferred
that all barges shall be self propelled and capable of carrying out the work safely during
monsoon. Allowing dump barges will be conditional at the discretion of the Dy. Conservator of
the Port. No claims of what so over shall be acceptable in case of denial of permission for any
dump barges. All the crafts engaged for the work shall be sea worthy and shall have appropriate
Licenses and facilities as statutorily required for the respective craft. No special rate will be
considered for carrying out the work in monsoon.

151
9.0 CONTRACTOR'S WORKING AREA

9.1 The area as available with the Employer shall be allowed to the Contractor as work area.

9.2 The Contractor shall submit to the Engineer for his approval, Drawings and proposals for any
Temporary Works such as, storage yard, office, store, false work and temporary platforms,
workshop, etc. which he intend to construct for the execution of the Contract and no such Work
shall be constructed before obtaining the written approval of the Engineer.

9.3 The Contractor shall obtain permission for any Temporary Work and would ensure that during
execution of Works the statutory requirements of the concerned authorities such as Cochin Port
Trust/ Cochin Corporation/Indian Navy/ Local Police, etc. would be compiled with.

9.4 Not less than fifteen days before the date when the Contractor intends to start erecting any part of
the Temporary Works.

10.0 OPERATIONS OF THE EMPLOYER AND OTHERS

10.1 The ordinary business and Works of the Employer and others as carried out on and in the vicinity
of the Site will be continued during the dredging and surveying, completion of the Works and the
execution of the Contract shall be conducted in such a way as to avoid interference with traffic of
every kind by land and by water and with any other Works in progress in the vicinity.

10.2 The Contractor's attention is drawn to the fact that other Contractors employed by the Employer
and other entity authorized by the Employer may be working in the vicinity.

11.0 PORT TRUST RULES

11.1 The Contractor shall observe the conservancy rules relating to the Harbour and shall always take
such necessary additional steps to keep the harbour waters free of noxious or unhygienic matters
coming from his works as are required by the Employer. Under no circumstances shall
inflammable material be allowed to spill to the Harbour area.

11.2 The Contractor shall always observe and comply with the working rules and regulations of the
Port Trust in force or as issued from time to time.

152
12.0 EXISTING SERVICES.

12.1 Drains, pipes, cables, overhead wires and similar services encountered in the course of the Work
shall be guarded from injury by the Contractor at his own Cost so that may continue in full and
uninterrupted use to the satisfaction of the owners thereof or otherwise occupy any part of the Site
in a manner likely to hinder the operation of such services.

12.2 Should any damage be done by the Contractor to any mains pipes, cables or lines (whether above
or below ground). Whether or not & shown on the Drawings the Contractor must make good or
bear the Cost of making good the same without delay to the satisfaction of the Engineer and of
the owners.

13.0 ENTRY ON PRIVATE OR OTHER PROPERTY

The Contractor shall not enter upon or commence any Work in or upon, across or through any
land, building or place being private property until authorised in writing by the Engineer or other
competent authority to do so.

14.0 NOTICE OF OPERATIONS

No important operations shall be commenced nor shall Work outside the usual working hours be
carried out without the consent of the Engineer in writing or without full and complete notice also
in writing being given to him.

15.0 SECURITY AND SAFETY

15.1 The Contractor shall comply with all regulations imposed by the Customs and Cochin Port
Security Authorities in respect of the passage of Plant, Equipment, Vehicles, materials and
personnel through Customs and Port barriers.

15.2 The Contractor shall take all possible precaution to prevent out breaks of fire on the Site and in all
offices, stores, camps and other places and things connected therewith and especially with respect
to the safe storage of petroleum products, explosives and all other dangerous hazardous goods. He
shall comply with all rules, regulations and orders of any Statutory Authority and of the Engineer
at no extra Cost to the Employer.

153
15.3 The Contractor shall obtain from the Employer details of any restricted areas in or around the Site
and shall have prominently and clearly displayed for the information of his staff and work people
notices defining any such restricted areas. Such notices shall be provided at his own expenses.

15.4 The Contractor will be required to take entry passes to the restricted area of Cochin Port for all
personnel laborers and vehicle. No claim whatsoever on this account will be entertained.

16.0 RETURNS AND DRAWINGS

All reports, statement, returns, diagrams, photographs or Drawings, etc. which the contractor is
required to submit to the Engineer are unless otherwise directed, to be furnished in the triplicate.

17.0 POSSESSION PRIOR TO COMPLETION

The Engineer shall have the right to take possession of or use any completed or partially
completed Work or part of the Work. Such possession or use shall not deem to be acceptance of
any Work completion in accordance with the Contract Agreement. If such, prior possession or use
by the Engineer delays the progress of Work, on equitable adjustment in the time of completion
will be made and the Contract Agreement shall be deemed to be modified accordingly.

18.0 COMPLETION DOCUMENTS

For the purpose of provision of Clause No.10 [Contract Price and Payment] of the General
Conditions of Contract, to treat that the Work has been completed and issue a Final Payment
Certificate, the following documents will be deemed to form the completion documents:

i) The Technical documents according to which the Work was carried out.
ii) Sounding charts and connected details.

19.0 DISPUTE IN MODE OF MEASUREMENT

In case of any dispute as to the mode of measurement not covered by the Contract to be adopted
for any item of Work, mode or measurement as per relevant Indian Standard Specification (Latest
revision) shall be followed.

154
20.0 INCOME TAX

Income tax on the gross amount bill shall be deducted from the Contractor's bill as per Section
194 C of the Income Tax Act or as applicable from time to time.

******

155
BID FOR

CAPITAL DREDGING OF BASIN IN FRONT OF INTERNATIONAL CONTAINER


TRANSSHIPMENT TERMINAL (ICTT) AT VALLARPADAM, COCHIN PORT
(Bid No.T14/T-1539/2011-C)

COVER-B

(PRICE BID)

COCHIN PORT TRUST


COCHIN – 682 009
INDIA
Gram: PORT TRUST
Phone: 91-0484-2666414/2666871 Extn : 2400
Telex :0885-4003 PORT IN
Fax: 91 0484 2666 414
Email: coptce@satyam.net.in

Website:www.cochinport.com

156
COCHIN PORT TRUST

VII. SCHEDULE OF QUANTITIES


CAPITAL DREDGING OF BASIN IN FRONT OF INTERNATIONAL CONTAINER
TRANSSHIPMENT TERMINAL (ICTT) AT VALLARPADAM, COCHIN PORT
(Bid No.T14/T-1539/2011-C)

Item Description of Work Quantity Unit Rate (in Rupees) Amount

No. In figures In words (in Rupees)

Dredging at ICTT Basin having


1 2 Cu.m
depth ranging tentatively from 2m to
million
14m as indicated in the chart to a
Cu.m
depth of (-) 15.95m with vertical
tolerance of (+) 0.3 m using
appropriate type of dredgers like
Bucket Dredger, Trailing Suction
Hopper Dredger, Grab Dredger,
Back Hoe Dredger or Cutter Suction
Dredger, with arrangement for direct
loading to barge and disposing of
dredged material at designated
dumping ground in outer sea at a
distance of about 20 km away from
the dredge site.

SIGNATURE OF BIDDER

157
ANNEXURE-1
PROFORMA OF IRREVOCABLE BANK GUARANTEE FOR
PERFORMANCE SECURITY
(To be submitted on Non-judicial Stamp Paper of Rs.100/-)

Ref: Bank Guarantee No____________


Date________________________
To
The Cochin Port Trust
W/Island,
Cochin - 682009.

Dear Sirs,
In consideration of Board of Trustees of Port of Cochin (hereinafter referred to as the ‘Employer’ which
expression unless repugnant to the context or meaning thereof includes its successors, administrators and
assigns) having awarded to M/s ______________________ with its Registered / Head Office at
________________________(hereinafter referred to as the “CONTRACTOR” which expression shall
unless repugnant to the context or meaning thereof, include its successors, administrators, executors and
assigns), a “CONTRACT” by issue of Employer’s Letter of Acceptance dated ______________________
the same having been unequivocally accepted by the Contractor resulting in a “CONTRACT” bearing No.
____________________________________________dated___________value at
______________________for______________________ and the CONTRACTOR having agreed to
provide a Performance Security Guarantee for the faithful performance of the entire Contract equivalent
to______________________, to Employer.

We______________________________________________________________ having its Head office


at___________________________________________________(hereinafter referred to as the “Bank”,
which expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators, executors and assigns) do hereby guarantee and undertake to pay the Employer on demand
any and all money payable by the Contractor for an amount not exceeding in aggregate the amount of
______________________ as aforesaid at any time
upto____________________________________________ without any demur, reservation, contest,
recourse or protest and/or without any reference to the CONTRACTOR. Any such demand made by the
Employer on the Bank shall be conclusive and binding notwithstanding any difference between Employer

158
and CONTRACTOR or any dispute pending before any Court, Tribunal, Arbitrator or any other Authority.
The Bank undertakes not to revoke this guarantee during its currency without previous consent of Employer
and further agrees that the guarantee herein contained shall continue to be in endorseable till the Employer
discharges its guarantee.

Employer shall have the fullest liberty without affecting in any way the liability of the Bank under this
guarantee from time to extend the time for performance of the CONTRACT by CONTRACTOR. Employer
shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the exercise of
any powers vested in them or of any right which they might have against Contractor, and to exercise the
same at any time in any manner and either to enforce or to forebear to enforce any covenants, contained or
implied, in the CONTRACT between Employer and CONTRACTOR or any other course of remedy or
security available to Employer. The Bank shall not be released of its obligations under these presents by any
exercise by Employer of its liberty with reference to the matters aforesaid or any of them or by reason or
any other acts of omission or commission on the part of Employer or any other indulgence shown by
Employer or by any other matter or thing whatsoever which under Laws would, but for this provision, have
the effect of relieving the Bank.

The Bank also agrees that Employer at its option shall be entitled to enforce this Guarantee against the Bank
as principal debtor, in the first instance without proceeding against CONTRACTOR and notwithstanding
any security or other guarantee that Employer may have in relation to the CONTRACTOR’s liabilities.

Notwithstanding anything contained herein above our liability under this guarantee is restricted
to_________*________and it shall remain in force upto and including _________**____________ and
shall be extended from time to time for such period, as may be instructed in writing by
M/s_______________________________on whose behalf this guarantee has been given.

Dated this______________________ day of ____________________200 ___________ at

WITNESSES _________________ ______________________

(Signature) (Signature)

________(Name)___________ __________(Name)____________

Bank’s Rubber Stamp

________________________________________________________________________

159
_________________________________________________________________________

(Name) (Name)

________________________________________________________________________

(Official address) (Designation with Bank Stamp)

+ Attorney as per Power of Attorney

No. ______________________

Dated______________________

Notes:

* This sum shall be 10% of the Accepted Contract Amount.

** The date will be thirty (30 )days after the end of the period of Liability as specified in the Contract

+ In case of foreign Bank Guarantees, the same shall be routed through their corresponding bank operating
in India.

160
ANNEXURE – 2

PROFORMA OF POWER- OF-ATTORNEY/LETTER OF AUTHORITY

(To be submitted on Non-judicial Stamp Paper of Rs.50/-)

To
The Chief Engineer,
Cochin Port Trust,
Cochin 682009.
Kerala.
India.

Dear Sir,

We______________________________________________________________________

_________________________________________________________________do hereby

confirm that Mr./Ms. /Messrs____________________________(Name and Address) is /are authorized to


represent us to bid, negotiate and conclude the agreement on our behalf with you against Bid No.
__________________

We confirm that we shall be bound by all and whatsoever our said agents shall commit.

Yours faithfully,

Signature :

Name & Designation :

For & on behalf of :

Signature, name and seal of the certifying authority

161
ANNEXURE - 3

PROFORMA OF JOINT VENTURE/CONSORTIUM AGREEMENT

This Joint Venture /Consortium Agreement is made and entered into on this …….. day of
……..20.... by and between (i) M/s. …(Name of the firm to be filled in)…………., (ii) M/s……(Name
of the firm to be filled in)….., ………….., primarily for the work under the Cochin Port Trust.

All the partners of the Joint Venture /Consortium hereinafter individually referred to as the parties and
collectively as the ‘Joint Venture/Consortium’.

1.0 Formation of Joint Venture/Consortium

1.1. (i) M/s……… (Name of the firm to be filled in) is engaged in …………….(Details of the works
undertaken by the party)

(ii) M/s……… (Name of the firm to be filled in) is engaged in …………….(Details of the
works undertaken by the party)

…………………

………………….

………………….

1.2. On behalf of Board of Trustees of Cochin Port Trust (hereinafter referred to as “Employer”), the
Chief Engineer, Cochin Port Trust has invited bids from the experienced, resourceful and bonafide
dredging firms with proven technical and financial capabilities of executing dredging of the channels
for the Dredging Project – “CAPITAL DREDGING OF BASIN IN FRONT OF
INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL (ICTT) AT
VALLARPADAM, COCHIN PORT” (herein after referred as “the project”).

1.3. The parties have been exploring together the ways and means of collaboration for the purpose of an
offer to be made for the said project of the Cochin Port Trust and have mutually agreed to enter into a
Joint Venture/Consortium Agreement to submit a common bid for the project and to carry out the

162
project works in the event of award of the contract, in association with each other and (……Name of
Partner to be filled in………) shall be the Lead Partner and (i) (……Name of Partner to be filled
in………), (ii) (……Name of Partner to be filled in………),……. shall be the other partner(s).

NOW THEREFORE IT HAS BEEN AGREED TO BETWEEN THE PARTIES AS FOLLOWS

1.4. The Joint Venture/Consortium will be known as…(……Name of JV to be filled in………)


…………………and shall consist of (i) (……Name of the firm to be filled in………), (ii)
(……Name of the firm to be filled in………), …………, parties to the present agreement.

1.5. The recitals are true and correct and form an integral part of this agreement and are representations of
the parties to which they relate and have been relied upon by the parties to enter into the present
agreement.

1.6. Notwithstanding the date of signature of this agreement, its effective date will be the date of
submission of bid.

1.7. All costs incurred by the parties before the date of award of contract will be borne by the parties
concerned. All costs in implementation of this Joint Venture/Consortium Agreement after award of
contract till the expiry of this agreement will be borne by the parties as hereinafter provided.

1.8. The Joint Venture/Consortium will be dissolved and this agreement will cease to have effect on
completion of this project, maintenance and fulfilment of all other conditions under the contract, upon
receipt of payment of all amounts from the Employer and on settlement of accounts between the
parties as hereinafter provided.

1.9. The contract, if awarded by the Employer, Letter of Acceptance shall be issued in the name of
(….Name of JV/Consortium to be filled in…..) and the Contract shall be signed by legally
authorised signatories of all the parties.

1.10. All the parties of the JV/Consortium shall be jointly and severally liable during the bidding process
and the bid document shall be signed by legally authorised signatory of all the parties.

163
1.11. The financial contribution of each partner to the JV/Consortium operation shall be:

(i) M/s……… (Name of the partner to be filled in) - ……..

(ii)M/s……… (Name of the partner to be filled in) - …………

…………………….

…………………….

…………………….

1.12. All the parties of the JV/Consortium shall be jointly and severally liable for the execution of the
project in accordance with the Contract terms, in the event of award of contract. The delineation of
duties, responsibilities and scope of work shall be:

a) The Lead Partner, shall provide suitable experienced personnel at site, for general planning, site
management and equipment operations, during entire period of contract execution.

b) (……Name of Partner to be filled in………) shall carry out the following works
------------------------------------------------------------
c) (……Name of Partner to be filled in………) shall carry out the following works
------------------------------------------------------------
……………………………………………………………….

1.13. The parties hereto agreed that each of them shall duly and properly perform all the functions and all
costs related to their respective works.

1.14. The parties hereto shall be at liberty to enter into liaison work/correspondence with statutory and
local authorities as the circumstances warrant individually or collectively.

164
1.15. It is hereby agreed and undertaken that, all the parties are jointly and severally liable to the “Board”
of Cochin Port Trust for the performance of the contract.

1.16. Notwithstanding demarcation or allotment of work between JV/Consortium partners,


JV/Consortium each partner shall be liable for non performance of the whole contract irrespective
of their demarcation or share of work.

1.16. The Lead Partner shall be authorised to act on behalf of the JV/Consortium.

1.17. All the correspondences between the Employer and the JV /Consortium shall be routed through the
Lead Partner.

1.18. The Lead Partner is authorized: (a) to submit bid, negotiate and conclude contract and incur all
liabilities therewith on behalf of the partner(s) of the JV /Consortium during the bidding process;
and (b) in the event of a successful bid, to incur liabilities and receive instructions for and on behalf
of the partner(s) of the JV /Consortium and to carry out the entire execution of the contract
including payment, exclusively through Lead Partner.

1.19. In the event of default of the Lead Partner, it shall be construed as default of the Bidder/Contractor;
and Employer shall be entitled to take action under relevant clause(s) of the Department Bid
Document and/or Conditions of Contract.

1.20. All the parties of the JV/Consortium shall be jointly and severally liable for due performance,
recourse/sanctions within the joint venture in the event of default of any partner and arrangements
for providing the required indemnities.

The parties hereto have mutually agreed to the terms and conditions set forth herein above and have
assured each other to duly perform the reciprocal promises and obligations on either side for effective
implementation of the JV/Consortium for proper and due completion of the works envisaged, in the

165
event of award of contract to the JV/Consortium and have affixed their signature in this indenture on
this the ……….day of …….20....

(i) Signature

Name

Designation seal

&

Common seal of the firm

(ii) Signature

Name

Designation seal

&

Common seal of the firm

……………………………………………

………………………………………………

……………………………………………

Witness 1

Witness 2

166
ANNEXURE – 4

PROFORMA OF POWER- OF-ATTORNEY

[As per Sub-clause No. 5.1.4 (iii) c (iii) of Instruction to Bidders]

(On stamp paper worth Rs.50/-)

By this Power- of-Attorney executed on this ….day of …..(month) of 20…, we,

(i) (……Name of legally authorized signatory of first partner to be filled in………), (ii) (……Name of
legally authorized signatory of second partner to be filled
in………),……………………………………………………………… …………… hereby jointly
authorize and agree the Lead Partner, M/s (……Name of the lead partner to be filled in………), (a) to
submit bid, negotiate and conclude contract and incur all liabilities therewith on behalf of the partner(s) of
the JV /Consortium during the bidding process; and (b) in the event of a successful bid, to incur liabilities
and receive instructions for and on behalf of the partner(s) of the JV /Consortium and to carry out the entire
execution of the contract including payment for the work of “CAPITAL DREDGING OF BASIN IN
FRONT OF INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL (ICTT) AT
VALLARPADAM, COCHIN PORT” (Bid No………), exclusively through Lead Partner.

(i) Signature
Name
Designation seal
&
Common seal of the firm
(ii) Signature
Name
Designation seal
&
Common seal of the firm
……………………………………………
………………………………………….

Signature, name and seal of the certifying authority/Notary Public

167
ANNEXURE –5

FORM FOR ‘REQUEST FOR RELEASE OF EMD’

From

………………

………………

To

The Chief Engineer,

Cochin Port Trust.

Sir,

Sub:- Name of work ………..- Request for Release of EMD-reg.

Ref:- Bid No…..Dtd………

I/We have submitted bid for the subject work. I/We, hereby request to release our EMD for
Rs. 4.0 million (Rupees Four Million only) submitted as DD/Banker’s Cheque along with the bid at earliest
in case the bid is not accepted. The hand receipt duly stamped and signed is enclosed.

Yours faithfully,

Signature
(Name & Designation)

Place:-

Date:-

168
ANNEXURE – 6
COCHIN PORT TRUST

HAND RECEIPT

No. & Date of


Sanction

Name & Address


of Party to whom
payment is to be
made
Cash Book Voucher No.

Department/ Division Dated :


Head of Account/ Code No.

1. Pay by Cash/ Cheque


2. Paid by me by Cash/ Cheque

Received from the Financial Adviser & Chief Accounts Officer, Cochin Port Trust,
Cochin-682 009 a sum of Rs. 4.0 million (Rupees Four million Only).

Name of Work or Purpose for which payment is made……………………………


………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………

Date : Witness : Signature of payee (with date)

Designation

169
ANNEXURE - 7

PROFORMA OF INTEGRITY PACT

Between
The Board of Trustees of Cochin Port Trust hereinafter referred to as “The Principal”,
and
……………………………………………………… hereinafter referred to as “The Bidder/Contractor”

Preamble

The principal intends to award, under laid-down organizational procedures, contract/s for
…………………………………… The Principal values full compliance with all relevant laws and
regulations, and the principles of economical use of resources, and of fairness and transparency in its
relations with its Bidder/s and/or Contractor/s.
In order to achieve these goals, the Principal co-operates with the renowned international Non-
Governmental Organization “Transparency International”(TI). Following TI’s national and international
experience, the Principal will appoint an external independent Monitor who will monitor the bid process
and the execution of the contract for compliance with the principal mentioned above.
Section 1 – Commitments of the Principal
(1) The principal commits itself to take all measures necessary to prevent corruption and to observe
the following principles:-

1. No employee of the Principal, personally or through family members, will in connection


with the bid for, or the execution of a contract demand, take a promise for or accept, for
him/herself or third person, any material or immaterial benefit which he/she is not legally
entitled to,
Principal Bidder/Contractor

170
2. The Principal will, during the bid process treat all Bidders with equity and reason. The
Principal will in particular, before and during the bid process, provide to all Bidders the
same information and will not provide to any Bidder confidential / additional information
through which the bidder could obtain an advantage in relation to the bid process or the
contract execution.

3. The Principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtain information on the conduct of any of its employees which is a criminal
offence under the relevant Anti-corruption Laws of India, or if there be a substantive suspicion in
this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary
actions.
Section 2 – Commitments of the Bidder/Contractor

(1) The Bidder / Contractor commits himself to take all measures necessary to prevent corruption.
He commits himself to observe the following principles during his participation in the bid
process and during the contract execution.

1. The Bidder / Contractor will not, directly or through any other persons or form,
promise or give to the Principal, to any of the Principal’s employees involved in the bid
process or the execution of the contract or to any third person any material or immaterial
benefit which he / she is not legally entitled to, in order to obtain in exchange an
advantage during the bid process or the execution of the contract.

2. The Bidder / Contractor will not enter with other Bidders into any illegal agreement or
understanding, whether formal or informal. This applies in particular to prices,
specifications, certifications, Subsidiary contracts, submission or non-submission of bids
or actions to restrict competitiveness.

3. The Bidder / contractor will not commit any criminal offence under the relevant Anti-
corruption Laws of India; further the Bidder / Contractor will not use improperly, for
purpose of competition or personal gain, or pass on to others, any information provided
by the Principal as part of the business relationship, regarding plans, technical proposals
and business details, including information contained or transmitted electronically.

4. The Bidder / Contractor will, when presenting his bid, disclose any and all payments he
has made, is committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract.

Principal Bidder/Contractor

171
(2) The Bidder / Contractor will not instigate third persons to commit offences outlined above or be
an accessory to such offences.

Section 3 – Disqualification from bid process and exclusion


from future contracts

If the Bidder, before contract award, has committed a serious transgression through a violation of
Section 2 or in any other from such as to put his reliability or credibility as Bidder into question, the
Principal is entitled to disqualify the Bidder from the bid process or to terminate the contract, if
already signed, for such reason.

1. If the Bidder / Contractor has committed a serous transgression through a violation of Section 2
such as to put reliability or credibility into question, the Principal is entitled also to exclude the
Bidder / Contractor from future contract award processes. The imposition and duration of the
exclusion will be determined by the severity of the transgression. The severity will be determined
by the circumstances of the case, in particular the number of transgressions, the position of the
transgressors within the company hierarchy of the Bidder and the amount of the damage. The
exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

2. If the Bidder / Contractor can prove that he has restored/recouped the damage caused by him and
has installed a suitable corruption prevention system, the Principal may revoke the execution
prematurely.

3. A transgression is considered to have occurred if in light of available evidence no reasonable


doubt is possible.
Section 4 – Compensation for Damages

(1) If the Principal has disqualified the Bidder from the bid process prior to the award according to
Section 3, the Principal is entitled to demand from the Bidder liquidated damages equivalent to
3% of the value of the offer.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to
terminate the contract according to Section 3, the Principal shall be entitled to demand from the
Contractor liquidated damages equivalent to 5% of the contract value.

(3) If the Bidder / Contractor can prove that the exclusion of the Bidder from the bid process or the
termination of the contract after the contract award has caused no damage or less damage than the
amount of the liquidated damages, the Bidder / Contractor has to compensate only the damage in
the amount proved. If the Principal can prove that the amount of the damage caused by the
disqualification of the Bidder before contract award or the termination of the contract after
contract award is higher than the amount of the liquidated damages, it is entitled to claim
compensation for the higher amount of damages.

Principal Bidder/Contractor

172
Section 5 – Previous Transgression

(1) The Bidder declares that no previous transgressions occurred in the last 3 years with any
other Company in any country conforming to the TI approach or with any other Public Sector
Enterprises in India that could justify his exclusion from the bid process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the bid
process or the contract, if already awarded, can be terminated for such reason.

Section 6 – Equal treatment of all Bidders / Contractors /


Subcontractors
(1) The Bidder / Contractors undertakes to demand from all subcontractors a commitment consistent
with this Integrity Pact and to submit to the Principal before contract signing.

(2) The principal will enter into agreement with identical conditions as this one will all Bidders,
Contractors and subcontractors.

(3) The Principal will disqualify from the bid process all Bidders who do not sign this Pact or violate
its provisions.

Section 7 – Criminal Charges against violating Bidders / Contractors /


Subcontractors
If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractors, or of an
employee or a representative or an associate of a Bidder, Contractor or Subcontractor which
constitute corruption, or if the Principal has substantive suspicion in this regard, the Principal will
perform the Vigilance Office.

Section 8 – External Independent Monitor

(1) The principal appoints competent and credible external independent Monitor for this Pack. The
task of the Monitor is to review independently and objectively, whether and to what extent the
parties comply with the obligations under this agreement.

Principal Bidder/Contractor

173
(2) The Monitor is not subject to instructions by the representatives of the parties and performs his
functions neutrally and independently. He reports to the Chairperson or the Board of the
Principal.

(3) The Monitor has the right of access without restriction to all Project documentation of the
Principal. The Contractor will also grant the Monitor, upon his request and demonstration of a
valid interest, unlimited access to his project documentation. The same is acceptable to
Subcontractors. The monitor is under contractual obligation to treat the information and
documents of the Bidder / Contractors / Subcontractors with confidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the contractual
relations between the Principal and the Contractor. The parties offer to the Monitor the option to
participate in such meetings.

(5) As soon as the Monitor notices; or believes to notice, a violation of this agreement, he will so
inform the Management of the Principal and request the Management to discontinue or heal the
violation, or to take other relevant action. The Monitor can in this regard submit non-binding
recommendations. Beyond this, the Monitor has no right to demand from the parties that they act
in a specific manner, refrain from action or tolerate action.

(6) The Monitor will regularly summit a written report to the Chairperson of the Board of the
Principal and, should the occasion arise, submit proposals for correcting problematic situations.

(7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an
offence under relevant Anti-corruption Laws of India, and the Chairperson has not, within
reasonable time, taken visible action to proceed against such offence or reported it to the
Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance
Commissioner, Government of India.

Section 9 – Pact Duration

This Pact begins when both parties have legally signed it, it expires for the Contractor 12 months after
the last payment under the respective contract and for all other Bidder’s 6 months after the contract
been awarded.

Section 10 – Other Provisions


This agreement is subject to Indian Law. Place of performance and jurisdiction is the Corporate
Office of the Principal.

Principal Bidder/Contractor

174
ANNEXURE – 8

PROFORMA OF POWER- OF-ATTORNEY

[As per Sub-clause No. 5.1.4 (iii) c (ii) of Instruction to Bidders]


(On stamp paper worth Rs.50/-)

By this Power-of-Attorney executed on this ….day of …..(month) of 2011, (……Name and address
of the first partner to be filled in………) hereby authorize Mr./Ms. (……Name and Address of the
person to be filled in………) for signing the Joint Venture Agreement to be entered with (i) (……Name
of the second partner to be filled in………), (ii) ……………………… on behalf of (……Name
of the first partner to be filled in………) for the work of “CAPITAL DREDGING OF BASIN IN
FRONT OF INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL (ICTT) AT
VALLARPADAM, COCHIN PORT” Bid No…………………

Specimen Signature

Attested Signature :

Name & Designation :


seal

Common seal of the firm :

(Signature, name and seal of the certifying authority/Notary Public)

175
ANNEXURE – 9

PROFORMA OF UNDERTAKING

[As per Sub-clause No. 5.1.4 (iii) c (iv) of Instruction to Bidders]

We, (i) (……Name and address of the first partner to be filled in………), (ii) (……… Name and address
of the second partner to be filled in) …….,………………. , the partners of the JV/Consortium (……Name
of JV to be filled in………) hereby undertake that we are jointly and severally liable to the Board of
Trustees of Cochin Port for the performance of the contract for the work of “CAPITAL DREDGING OF
BASIN IN FRONT OF INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL (ICTT)
AT VALLARPADAM, COCHIN PORT” Bid No…………………..

(i) Signature

Name

Designation seal

&

Common seal of the firm

(ii) Signature

Name

Designation seal

&

Common seal of the firm

…………………………..

176
ANNEXURE - 10

PROFORMA OF PARENT COMPANY GUARANTEE

(To be submitted on Non-judicial Stamp Paper of Rs.100/-)

To

The Board of Trustees of Cochin Port Trust,


Kochi,
Kerala,
India.

Dear Sir,

We do hereby confirm that……………………………………..is a fully owned subsidiary company


of…………………………..established at……………..

……………………..and undertakes to provide………………………with all necessary support, personnel


and financing required………………………… for the preparation and execution of the work of CAPITAL
“DREDGING OF BASIN IN FRONT OF INTERNATIONAL CONTAINER TRANSSHIPMENT
TERMINAL (ICTT) AT VALLARPADAM, COCHIN PORT”, Bid No ………… should
…………………………………………..is awarded, the contract for the project as per the terms and
conditions of Bid.

Signature :

Name & Designation :

For & on behalf of :

Signature, name and seal of the certifying authority

177
ANNEXURE- 11
AGREEMENT No ……. …..
AGREEMENT FOR THE WORK OF “CAPITAL DREDGING OF BASIN IN FRONT OF
INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL (ICTT) AT
VALLARPADAM, COCHIN PORT”

THIS AGREEMENT IS MADE on this day…….. of ………2011 BETWEEN THE BOARD


OF TRUSTEES OF COCHIN PORT TRUST, a body corporate under the Major Port Trust Act, 1963
having office on Willingdon Island, Cochin – 682 009 represented by its Chief Engineer, Sri. ,
S/o…….. , aged …… years residing at ………Village, Kochi Taluk, Ernakulam District (hereinafter
referred to as the ‘Employer’ which expression shall include his successors, assignees and administrators
in the office) of the one part and …………………….(hereinafter referred as “Contractor” which
expression shall include their successors, assignees and administrators) of the other part.

WHEREAS the Employer invited Bids for “………………” vide Tender Call Notice No. ……….dated
…………and the Contractor submitted a Bid for the same giving rates/amounts subject to the terms and
conditions etc. of the Bid document.

AND WHEREAS the said Bid submitted by the Contractor has been accepted by the Employer vide
Letter of Acceptance No. ……..dated ……….issued to the Contractor while accepting their Bid.

NOW THESE PRESENTS WITNESSETH and the parties hereby agree as follows:

4. The Bid submitted by the Contractor for execution for the Board, of the work specified in the
under written memorandum within the time specified in such memorandum at the rates/amounts
specified in the schedule attached hereto and in accordance in all respects with the specifications,
designs, drawings and instructions in writing referred to in clauses of the annexed Conditions of
Contract included and with such materials as are provided for, by and in all other respects in
accordance with such conditions, is accepted.

5. It is mutually understood and agreed that, notwithstanding that the works has been sectioned,
every part of it shall be deemed to be supplementary to and complementary of every other part
and shall be read with it or into it.

178
6. The Contractor agreed to abide by and fulfill all the terms and provisions of the said conditions of
contract or in default thereof forfeit and pay to the Board the sum of money mentioned in the said
conditions.

7. It is mutually agreed that the Bid in its entirety shall form part of this agreement. Apart from the
Bid, the following shall also form part of the agreement.

a) CoPT’s letter No.….dated…….enclosing Addendum/Corrigendum No…, Annexure etc


to the Bid document
(Attachment - I).
b) Schedule of quantities submitted by
c) Letter of Acceptance as per CoPT’s letter number
d) Acceptance of Letter of Acceptance by ……

MEMORANDUM

a. General description of work : CAPITAL DREDGING OF BASIN IN FRONT OF


INTERNATIONAL CONTAINER TRANSSHIPMENT
TERMINAL (ICTT) AT VALLARPADAM, COCHIN PORT

b. Estimated cost : Rs. 400 million


c. Accepted Contract Amount:

d. Performance Security :10% of the Accepted Contract Amount

e. Security Deposit :10% of the Contract Price

f. Time allowed for commencement :

g. Contract Period :

h. Schedule, Specifications,
Conditions, Drawings etc. :….. sheets

179
IN WITNESS WHEREOF ON BEHALF OF THE CONTRACTOR, and on behalf of the Board of
Trustees of COCHIN PORT TRUST, the CHIEF ENGINEER has set his hand and seal and common seal
of Trustees has been hereunto affixed the day and year first written above.

On behalf of the Contractor M/s……………….

Signed, sealed and delivered By


Shri

(COMMON SEAL OF )
Signed and affixed seal of individual firms and common seal in the presence of :
1) Signature with address :
2) Signature with address :

On behalf of the Board of Trustees of COCHIN PORT TRUST


Signed, sealed and delivered by

CHIEF ENGINEER
Signed and affixed the common seal of Board of Trustees of COCHIN PORT TRUST, in the presence of :

1) Signature with address :


2) Signature with address :

180
ANNEXURE- 12

PROFORMA OF BANK GUARANTEE FOR ADVANCE

(To be submitted on Non-Judicial Stamp Paper of Rs.100/-)

Bank Guarantee No____________ dated________________________

Amount of Guarantee Rs. ____________

Guarantee cover from ____________ to ____________

Last date of lodgment of claim

In consideration of Board of Trustees of Port of Cochin (hereinafter called “EMPLOYER”) which


expression shall include all their successors and assignees having agreed to pay Advance of Rs.
____________ (Rupees ____________ only) repayable with interest @ 12.5 % per annum to
____________ (Name & Address of contractor ) (hereinafter called the “CONTRACTOR”) which
expression shall include their successors and assignees for the contract for the work of
____________(Name of work) evidenced by the offer of the CONTRACTOR dated……….. and accepted
by the EMPLOYER forming the contract and the Letter of Acceptance No…………….. dated,………….
for the work of (name of work) issued by the EMPLOYER and the formal stamped agreement to be entered
into between parties in the above, the said amount and interest being recoverable from the running bills of
the CONTRACTOR on pro-rata basis as per terms of agreement, we (Name of Bank) having our Head
office at ……………….. (hereinafter referred to as “the Bank”) do hereby undertake to pay the
EMPLOYER an amount of Rs……………(Rupees……………..only) with interest against any loss or
damage caused to or would be caused to or suffered by the EMPLOYER by reason of any breach by the
said CONTRACTOR of any of the terms or conditions contained in the said agreement, making it
impossible or difficult to recover the said advance of Rs……………(Rupees…………..only) or part thereof
or interest thereon we (Name of the Bank)do hereby undertake to pay the amounts due and payable under
the guarantee without any demur, merely on demand of the EMPLOYER by reason of any breach by the
said CONTRACTOR of any of the terms and conditions contained in the said agreement or by the reason of
contractor’s failure to perform the said agreement. Any such demand made on the Bank shall be conclusive
not only as regards to CONTRACTOR’s failure but also as regards the amount due and payable by the
Bank under this guarantee. However, our liability under this guarantee will be restricted to an amount of
Rs…………….(Rupees…………….. only) with interest as per the agreement.

181
We, (Name of the Bank) further agree the guarantee herein contained will remain in full force and affect
during the period that would be taken for the recovery of the advance and that it shall continue to be live
and enforceable till all the amounts due with interest thereon have been fully recovered and its claims
satisfied or discharged or till the EMPLOYER certifies that the amount outstanding under the advance has
been fully recovered from the CONTRACTOR and accordingly discharged the guarantees. Unless a
demand or claim under this guarantee is made on us in writing on or before (date of the expiry) we shall be
discharged from all liability under this guarantee thereafter.

We, (Name of the Bank) further agree with the EMPLOYER that the EMPLOYER shall have the fullest
liberty without our consent and without affecting in any manner our obligation hereunder to vary any of the
terms and conditions regarding the recovery or repayment and we shall not relieved from our liability by
reason of any such variation or extension being granted to the said contractor or any forbearance, act or
omission on the part of the EMPLOYER or any indulgence by the EMPLOYER to the CONTRACTOR or
in such matter or things whatsoever which under the law relating to sureties would but for this provision
have the effect of so relieving us.

We, (Name of the Bank) lastly undertake not to revoke this guarantee during its currency except with the
previous consent of the EMPLOYER in writing.

Dated this the……………day of……………..(year)

For (Name of Bank) (Signature)

Note:-
The amount of Bank Guarantee shall be 10% more than the advance amount.

182
ANNEXURE – 13

PROFORMA OF UNDERTAKING REGARDING ILLEGAL METHODS FOR


INFLUENCING BID PROCESS

To

The Chief Engineer,

Cochin Port Trust,

Cochin 682009.

Kerala, India.

Dear Sir,

I/ We do hereby undertake that I/We have not made any payment or illegal gratification to any
person/authority connected with the bid process of Bid No._______________________so as to
influence the bid process and have not committed any offence under the PC Act in connection with the
bid.

Yours faithfully,

Signature :

Name & Designation :

183
ANNEXURE – 14

PROFORMA OF DISCLOSURE OF PAYMENT MADE/ PROPOSED TO BE MADE TO


THE INTERMEDIARIES IN CONNECTION WITH THE BID

To

The Chief Engineer,

Cochin Port Trust,

Cochin 682009.

Kerala, India.

Dear Sir,

I/We have made / proposed to make the following payments in connection with the bid No.
_______________________

1. _____________________ to Mr./Ms./Messrs_________________(Name and Address)

2. _____________________ to Mr./Ms./Messrs_________________(Name and Address)

3. _____________________ to Mr./Ms./Messrs_________________(Name and Address)

Yours faithfully,

Signature :

Name & Designation :

Note : In case no payment is made or proposed to be made a ‘Nil’ statement shall be enclosed.

184
ANNEXURE – 15

PROFORMA OF UNDERTAKING THAT NO CHANGES HAVE BEEN MADE IN THE


TENDER DOCUMENT DOWNLOADED

To

The Chief Engineer,

Cochin Port Trust,

Cochin 682009.

Kerala, India.

Dear Sir,

We____________________________________________________________________

______________________________________________________________do hereby

confirm that no changes have been made in the tender document downloaded and submitted by us for the
Bid No._________________________________________________.

Yours faithfully,

Signature :

Name & Designation :

185
TABLE – 1A
DETAILS OF TYPE OF DREDGER(S)PROPOSED FOR THE WORK

Name of Type of Hopper Speed of Whether Length x Year of Whether Location & Proposed Details of Remarks
vessel dredger Capacity / the position Beam x Built owned/ Date of period(s) of supporting
Daily Capacity vessel in fixing Loaded rented/ availability deployment equipment, if
of dredging and Knots system draft in leased/ for for the work any
disposal of in available meters specially mobilization
situ material in manufactured for the work
cu.m. .

1 2 3 4 5 6 7 8 9 10 11 12

Note:
1. The bidder is requested to give all relevant and complete information as required and if required he can use separate sheets.
2. Documents regarding ownership/confirmed chartering agreement is to be attached.

186
TABLE – 1B

DETAILS OF FLOATING CRAFTS AND OTHER EQUIPMENTS PROPOSED FOR THE WORK.

Item of Equipment Salient features Length x Year of Whether Location & Date of Proposed period(s) Remarks
Beam x Built owned/ rented/ availability for of deployment for
Loaded draft leased/ specially mobilization for the the work
in meters manufactured. work

1 2 3 4 5 6 7 8

187
TABLE – 1C
LIST OF INSTRUMENTS FOR SURVEY AND MONITORING OF WORK

Description of
Equipment
Sl No: proposed for the Details required
work
1 2 3

1 Survey Launch Condition of Launch


Type of construction
Speed in knots
Accommodation facility
Communication
facilities provided
Minimum deck space
Is it satisfies Indian
Mercantile Act
Power backup
2 Motor Boat Condition of Launch
Type of construction
Speed in knots
Accommodation facility
Communication
facilities provided
Minimum deck space
Is it satisfies Indian
Mercantile Act
Power backup

Note:

The bidder is requested to give all relevant and complete information as required and if required he can use
separate sheets

188
TABLE-2

DETAILS OF COMPLETED SIMILAR WORKS DURING THE LAST SEVEN YEARS ENDING 31ST MARCH 2011

Sl. Name & Owner’s Complete Value of Quantity of Duration of Contract Details of The type of Reference No.
Location of address including Contract dredging work dredger & Date of
No.
Project Telex / Fax No. with involved including deployed Letter of
contact Person disposal of Acceptance &
Commence Scheduled Actual
dredged completion
ment date completion completio
spoil certificate
date n date
enclosed

1 2 3 4 5 6 7 8 9 10 11

Note: Bidder to enclose letter of intent and completion certificate issued by owner, certified by a Notary public or equivalent certifying authority.

189
TABLE –3

CURRENT COMMITMENTS OF THE BIDDER


Sl. Full Postal Description Value of Date of Scheduled Stage of Expected Dredger deployment
Address of Client
No. of the work Contract Commencement Completion Completion as date of programme
& Name of
Officer – in- of work period on date Completion
Name of Duration of
Charge deployment
dredger
From/ To
1 2 3 4 5 6 7 8 9 10

SIGNATURE OF THE BIDDER


190
TABLE-4
PERSONNEL CAPABILITIES

Name of firm or partner


of a joint venture

For specific positions essential to contract implementation, applicants should provide the names
of at least two candidates qualified to meet the specified requirements stated for each position.
The data on their experiences should be supplied in separate sheets using one Form of table 5(A)
for each candidate.

1. Title of position :
Name of the prime candidate :
Name of the alternate candidate :
2. Title of position :
Name of the prime candidate :
Name of the alternate candidate :

191
TABLE – 4 (A)

CANDIDATE SUMMARY

Name of Applicant

Candidate
Position
Prime Alternate

Candidate 1. Name of Candidate 2.Date of Birth


Information

2. Professional qualifications

Present 3.Name of employer


Employment
Address of Employer

Telephone Contract (manager/personal officer)

Fax Telex

Job title of candidate Years with present Employer

Summarise Professional experience over the last 20 years, in reverse chronological order.
Indicate particulars of technical and managerial experience relevant to the project.

From To Company / Project / Position / Relevant Technical and Management


experience

192
TABLE- 5
FINANCIAL DETAILS
Name of Bidder or partner of
a joint venture/consortium
Bidder, including each partner in case of a joint venture/consortium, should provide the following
financial information.
I
Banker Name of banker
Address of banker

Telephone Contact name and title


Fax Telex
Note: If necessary, use separate sheets to provide complete banker information.
II. Summarize actual assets and liabilities for the previous five years. Based upon known
commitments, summarise projected assets and liabilities for the next two years,
Financial Actual for previous 5 years Projected for the
Information next two years
in Million Rs. including current
year

(a) Total assets


(b) Current Assets
(c) Cash, temporary investments
and current receivable
(d) Total Liabilities
(e) Current Liabilities
(f) Net Worth = (a) - (d)
(g) Working Capital = (b) – (e)
(h) Authorised Capital
(i) Capital Issued and paid up
(j) Current Ratio = (b) / (e)
(k) Acid Test Ratio = (c) / (e)
(l) Total Liability of net worth
= (d) / (f)
(m) Net Profit Before Tax
(n) Net Profit after Tax
193
III. Specify proposed sources of financing to meet the cash flow demands of the project,
net of current commitment.

Source of Financing Amount


in Rs. million

1. Own Resources

2. Bank Credits *

3. Working Capital with contractor

IV. Attach audited financial statements for the :


last five years (for the individual or each
partner of a joint venture/consortium) **

Note:-

* The availability of credits for execution of the work shall be supported by the concerned
Bank’s assurance letter(s) specifying the amounts involved.

** Firms owned by individuals, and partnerships, may submit their balance sheets certified by
a registered accountant, and supported by copies of tax returns, if audits are not required
by the laws of their countries of origin.

If audited balance sheets are not available, they shall submit their balance sheet certified by
a Chartered Accountant and supported by copies of tax returns attested by a Notary or
equivalent certifying authority.

194
APPENDIX - I

GEO TECHNICAL INVESTIGATION DETAILS

I) Extracts of soil Investigation report for Super Tanker Oil Terminal at Cochin by
Cementation Company Limited

1) Location plan of bore hole (1 page).

2) Bore hole No. BHD1/1, BHD1/2, BHD1/3, BHD1/6, BHD1/7 & BHD1/8
(1 page).

3) Bore hole No. BHD2/1 & BHD2/2 (1 page).

4) Bore hole No. BHD2/3 & BHD2/4 (1 page).

***********

195

Vous aimerez peut-être aussi